People v. Picasso CA4/1

Filed 2/28/24 P. v. Picasso CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082350

Plaintiff and Respondent,

v. (Super. Ct. No. SCD296717)

ALBERTO PICASSO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Marian F. Gaston, Judge. Affirmed. James M. Kehoe, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. A jury convicted Alberto Picasso of seven different offenses including driving a vehicle without consent (Veh. Code, § 10851, subd. (a)); fraudulent

possession of identification materials (Pen. Code,1 § 530.5, subd. (c)(1));

1 All further statutory references are to the Penal Code unless otherwise specified.

possession of burglary tools with intent to break into a home, building or vessel (§ 466); possession of a stolen vehicle (§ 496d); and petty theft (§ 484). Picasso admitted two aggravating factors within the meaning of California Rules of Court, rule 4.421(b)(3). The court struck the true finding on the strike prior (§ 667, subds. (b)-(i)). Picasso was sentenced to a term of nine years in prison. Picasso filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to independently review the record for error as mandated by Wende. We offered Picasso the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS Appellate counsel has provided a detailed summary of the facts of the