Filed 10/31/13 P. v. Cruz 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, Plaintiff and Respondent,

v. CHRISTOPHER JESUS CRUZ, Defendant and Appellant. F065628 (Super. Ct. Nos. F11907193 & F11501645)


### OPINION

THE COURT * APPEAL from a judgment of the Superi or Court of Fresno County. John N. Gallagher, Jr., Judge. (Retired Judge of the Fresno Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Deborah Prucha, 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., Co rnell, J. and Franson, J.2 INTRODUCTION On June 12, 2012, appellant, Christ opher Jesus Cruz, entered into a plea agreement and executed a felony advisement, waiv er of rights, and plea form in each case setting forth the terms of the plea agreement and waiving his constitutional rights in the plea form pursuant to Boykin v

. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1
Cal.3d 122. The trial court advi sed appellant of the consequences of his change of plea. The parties stipulated to a factual basis for a ppellant’s change of pl ea based on police and investigative reports. Under the terms of th e plea agreement, appellant would receive a stipulated sentence of nine years in pris on and in both cases multiple felony and
misdemeanor counts would be dismissed. In case No. F11501645, appellant pled no contest to one count of felony second degree robbery (Pen. Co de, § 211, count 1). 1 Appellant admitted a prior serious felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and a prior prison term enhancement. 2 In case No. F11907193, appellant pled no co ntest to felony counts of identity theft (§ 530.5, subd. (a), count 1), taking a vehi cle (Veh. Code, § 10851, subd. (a), count 2), evasion of pursuing officers (Veh. Code, § 2800.2, subd. (a), count 4), possession of cocaine for sale (Health & Saf. Code, § 11 351, count 21), and a prior serious felony
conviction within th e meaning of the three strikes law. 3

1 Unless otherwise designated, all statut ory references are to the Penal Code.
2 There was no preliminary hearing. A formal probation report was waived by appellant. The police reports were not included in the record. Accord ing to the criminal complaint in case No. F 11501645, appellant robb ed Sean Thoeny on November 23, 2011.
3 Count 1 of the crimin al complaint in case No. F11907193 alleged that on November 24, 2011, appellant obtained personal identifyi ng information from Marc McWilliams without consent. Count 2 alle ged that on November 6, 2011, through November 24, 2011, appellant drove or took the vehicle of Ernest M. and Budget Car Rental without permission. Count 4 alle ged that on November 24, 2011, appellant3 Appellant waived preparation of a fo rmal probation report and agreed to immediate sentencing. In case No. F11501645, the trial court sentenced appellant to the midterm of two years, doubled to four years pursuant to the three strikes law. The court added a consecutive term of one year for the pr ior prison term enhancement. In case No. F11907193, the court sentenced appellant to pr ison on count 2 for a consecutive term of one-third the midterm of one year, doubled to two years pursuant to the three strikes law. The court imposed concurrent sentences on counts 1 and 4. On count 21, the court imposed a consecutive term of one-third the midterm of one year, doubled to two years pursuant to the three strikes law. Appellant ’s total prison sentence was the stipulated term of nine years. The court granted custody credits of 180 days and conduct credits of 27 days, for total custody credits of 207 days. The court im posed restitution fines in both
cases as well as a lab fee. Appellant did not obtain a certificate of probable cause. Appellate counsel has filed a brief seeking independent review of the case by this court pursuant to People v

. Wende (1979) 25 Cal.3d 436 ( Wende ).
APPELLATE COURT REVIEW Appellant’s appointed appellate coun sel has filed an opening brief that summarizes the pertinent facts, raises no issu es, and requests this court to review the record independently. ( Wende , supra , 25 Cal.3d 436.) The open ing brief also includes the declaration of appellate c ounsel indicating that appellant was advised he could file his own brief with this court. By letter on No vember 29, 2012, we invited appellant to submit additional briefing. To date, he has not done so.

evaded police officers who we re pursuing him in a mark ed police vehicle that had deployed its red lamp and siren. Count 21 al leged that on January 17, 2009, appellant transported cocaine for sale.4 After independent review of the r ecord, we have concluded there are no reasonably arguable legal or factual issues.
DISPOSITION The judgment is affirmed.