People v. Tveretinov CA3

Filed 11/28/23 P. v. Tveretinov CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C098111

Plaintiff and Respondent, (Placer Super. Ct. No. 62- 182679; El Dorado Super. Ct. v. No. P21CRF0477)

MICHAEL TVERETINOV,

Defendant and Appellant.

Appointed counsel for defendant Michael Tveretinov filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable errors that would result in a disposition more favorable to defendant, we will affirm the judgment. BACKGROUND This case is a consolidated matter for two prosecutions: one in Placer County, and one in El Dorado County.

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A. El Dorado County Defendant and another man were observed in a pickup truck in the parking lot of a storage facility. They stopped at a landscape trailer and took something out of it. The pair hooked up the truck to a tiny home and drove it away. Next, defendant got into another pickup truck parked on the lot and drove it away. That truck was later reported stolen by its owner. Defendant fled from officers when they attempted to stop him in the truck. The complaint charged defendant with two counts of unlawful driving and taking of a vehicle (Veh. Code, § 10851, subd. (a)), three counts of receiving a stolen vehicle (Pen. Code, § 496d), fleeing a pursuing police vehicle (Veh. Code, § 2800.2), receiving stolen property (Pen. Code, § 496, subd. (a)), and hit and run resulting in property damage (Veh. Code, § 20002, subd. (a)). The complaint alleged defendant had a prior conviction in 2011 that qualified as a strike under Penal Code sections 667, subdivisions (b) through (i) and 1170.12. Defendant pleaded no contest to one count of unlawful driving and taking of a vehicle and fleeing a police vehicle. (Veh. Code, §§ 10851, subd. (a), 2800.2.) He also admitted the prior strike. At the restitution hearing, the owner of the pickup testified he received his truck back, but it was damaged. The owner of the tiny home testified she never saw it again and it was worth $70,000. The El Dorado County trial court sentenced defendant to the stipulated sentence of four years eight months, which was the lower term of 16 months for fleeing a police vehicle doubled to 32 months, plus one-third the midterm of eight months doubled to 16 months for taking and driving a vehicle, plus eight months on a prior unrelated case from Sacramento County. The court imposed a $300 restitution fine (Pen. Code, § 1202.4), an equal parole revocation fine (Pen. Code, § 1202.45), $7,595.25 in restitution to the owner of the truck and $70,000 to the owner of the tiny home (Pen. Code, § 1202.4, subd. (f)), a