Filed 8/24/16 P. v. Gilbert CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

RENE JOSEPH GILBERT,

Defendant and Appellant. H043298

(Santa Clara County

Super. Ct. No. B1581828)

Defendant Rene Joseph Gilbert pleaded no contest to a count of false

impersonation (Pen. Code, § 529) 1 and giving a false name to a peace officer (§ 148.9).

He was sentenced to 32 months in prison. On appeal, his counsel has filed an opening

brief in which no issues are raised and asks this court for an independent review of the

record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel has declared that

defendant was notified that an independent review under Wen de was being requested.

We advised defendant of his right to submit written argument on his own behalf within

30 days. Thirty days have elapsed, and defendant has not submitted a letter brief.

Pursuant to Wende , we have reviewed the entire record and ha ve concluded that

there are no arguable issues. We will provide “a brief description of the facts and

procedural history of the case, the crimes of which the defendant was convicted, and the

punishment imposed.” ( People v. Kelly (2006) 40 Cal.4th 106, 11 0.)

1 Unspecified statutory references are to the Penal Code.2 B ACKGROUND 2

On September 28, 2015, officers detained defendant during a traffic stop.

Defendant identified himself verbally and with a passport as Richard Fisher. Officers

cited and released defendant for driving while unlicensed and for possessing

methamphetamine. Officers confiscated his wallet after determining it belonged to an

individual named Rene Gilbert. Defendant was transferred to Stanford Hospital afte r he

fell ill.

A few hours later, defendant went to the police station and identified himself as

Rene Gilbert. He told officers his wallet had been taken from him earlier by anot her

deputy. Officers conducted a warrants check and learned defe n dant was on pa role and

had a no

- bail warrant. Officers also obtained photographs of defendant and Richard

Fisher from the Department of Motor Vehicl es and confirmed that defendant’s name was

Rene Gilbert. Officers the n searched defendant’s property and found that he had a bill of

sale for a vehicle that had been sold to Richard Fisher. Defendant was subsequently

arrested.

The following day, officers found defendant’s backpack next to the police station.

The backpack contained a passport, debit cards, and credit cards belonging to Richard

Fisher. It also contained three blank Bank of America checks, a notebook with over a

dozen names of people and their personal information, and multiple documents of

accounts opened in Richard Fisher’s name.

On October 1, 2015 , defendant was charged by complaint with a count of false

impersonation (§ 529) and giving a false name to a peace officer (§ 148.9). It was further

alleged that defendant had two prior convictions (§§ 667, subds. (b)

- (i ), 1170.12, 667.5,

subd. (b)).

2 Since defendant pleaded no contest, the factual circumstances of his offense are

taken from the probation officer’s report.3

O n October 5, 2015, defendant pleaded n o contest to both counts and admitted the

prior convictions with the understanding that he would be sentenced to a maximum term

of 32 months in prison and would be given the opportunity to file a motion under People

v. Superior Court ( Romero ) (1996) 13 Cal.4th 497.

On January 15, 2016, the trial court heard defendant’s Romero motion. After

considering the arguments made by the defendant and the People as well as the evidence

in the record , the court denied the motion. Defendant was sentenced to 16 months for the

count of false impersonation , which was doubled because of his prior strike. The trial

court sentenced defendant to 10 days in county jail for the misdemeanor count of giving a

f alse name to a police officer to be served concurrently with his sentence for the false

impersonation count. He was ordered to pay a restitution fine (§ 1202.4) of $600.

We have conducted an independent review of the record pursuant to People v

.

Wende

, supra , 25 Cal.3d 436 and People v

. Kelly

, supra , 40 Cal.4th 106. We conclude

there are no arguable issues on appeal.

D ISPOSITION

The judgment is affirmed.Premo, J.

WE CONCUR:

Rushing, P.J.

Elia, J.

People v. Gilbert

H043298