People v. Yath CA1/2

Filed 3/28/24 P. v. Yath CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A168352 v. PENROTHANA YATH, (Sonoma County Super. Ct. No. SCR-752011-1 Defendant and Appellant. & SCR750937-1)

Penrothana Yath was placed on formal probation pursuant to a plea agreement that resolved two criminal cases. When he subsequently admitted violations of probation, the trial court ordered execution of the previously suspended stipulated sentence specified in his plea agreement. On his appeal from that order, Yath’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), in which he raises no issue and asks this court for an independent review of the record. Counsel attests that he advised Yath of his right to file a supplemental brief, but Yath has not filed one. Having examined the entire record in accordance with Wende, we agree with counsel that there are no arguable issues requiring further briefing and affirm.

1

BACKGROUND On December 2, 2021, Jesus Rivas-Reynoso called the Santa Rosa police and said he was following his Honda Civic, which had been stolen. An officer was dispatched and initiated a traffic stop when the vehicle parked. The driver, Yath, said he had borrowed the car from “Jose.” A records check revealed Yath had an active misdemeanor warrant and he was arrested. Rivas-Reynosa said he had never met Yath, who did not have permission to take the car. The key in the ignition was for a Saturn rather than a Honda and the ignition cylinder was loose within the steering column; it appeared the Saturn key had been forced into the ignition in order to drive the car. A complaint filed on December 10, 2021, charged Yath with three offenses committed on or about December 2, 2021: felony driving or taking a vehicle (1998 Honda) without consent (Veh. Code, § 10851, subd. (a)) (count 1), felony receiving stolen property (1998 Honda) (Pen. Code, § 496d, subd. (a)) (count 2), and misdemeanor possession of burglar’s tools (id., § 466.) (count 3). In connection with counts 1 and 2, it was alleged that Yath had three prior automobile theft-related convictions (id., § 666.5), two for violating Vehicle Code section 10851, subdivision (a), and one for violating Penal Code section 496d. On January 4, 2022, a Sonoma County sheriff’s deputy noticed a Toyota being driven without a front license plate, with a non-functioning rear license plate light and non-functioning brake light. A records check showed the license plate belonged to a BMW and the officer initiated a traffic stop. The driver, Yath, did not have any paperwork for the vehicle, which he said he had purchased a couple of days before from a man named Miguel who was supposed to call and meet him with the paperwork.