People v. Sanchez CA5

Filed 4/2/24 P. v. Sanchez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F086233 Plaintiff and Respondent, (Super. Ct. No. F20908574) v.

ALBERT SANCHEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan B. Conklin, Judge. Conness A. Thompson, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Poochigian, J. and DeSantos, J.

Counsel for defendant Albert Sanchez submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), asking this court to conduct an independent review of the record on appeal. Although we offered defendant the opportunity to present his own brief by way of a letter, he has not responded. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Consistent with our Supreme Court’s direction in Kelly, we provide a brief description of the relevant facts and the procedural history of this case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL SUMMARY1 Following a preliminary hearing, an information was filed on February 10, 2023, charging defendant with second degree burglary of a structure (Pen. Code,2 §§ 459/460, subd. (b), a felony; count 1), unlawful possession of body armor (§ 31360, subd. (a), a felony; count 2), possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a), a misdemeanor; count 3), possession of an injection/ingestion device (Health & Saf. Code, § 11364, a misdemeanor; count 4), and possession of burglar’s tools (§ 466, a misdemeanor; count 5). The information further alleged defendant had prior convictions, including a prior “strike” conviction. On February 17, 2023, defendant pled not guilty to all five charges, and denied all allegations of enhancements and prior convictions. On April 10, 2023, defendant completed a felony advisement, waiver of rights, and change of plea form. In court defendant then entered pleas of no contest to counts 1