Filed 4/16/13 P. v. Lopez CA5

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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

CEASAR WILLIAM LOPEZ,

Defendant and Appellant.

F064606

(Super. Ct. No. F12900886)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Fresno County. Ralph Nunez, 

Judge.†

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., Detjen, J., and Franson, J.

† Retired Judge of the Fresno Superior Court assigned by the Chief Justice pursuant 

to article VI, section 6 of the California Constitution.
2

STATEMENT OF THE CASE

Appellant, Ceasar William Lopez, was charged in a felony complaint, on February 

8, 2012, with felony second degree commercial burglary (Pen. Code, §§ 459 & 460, subd. 

(b), count 1)1 and petty theft with a qualifying prior conviction, a felony (§ 484, subd. (a), 

count 2). The complaint also alleged three prior prison term enhancements (§ 667.5, 

subd. (b)). On February 9, 2012, appellant entered into a plea agreement in which he 

would admit count 1 and a prior prison term enhancement and receive a stipulated 

sentence of four years in exchange for the dismissal of the other allegations. 

Appellant initialed and executed a felony advisement, waiver of rights, and plea 

form that set forth the terms of the plea agreement, the consequences of the plea, and 

advisements of appellant’s constitutional rights pursuant to Boykin/Tahl.

2

 Appellant 

acknowledged and waived his constitutional rights in the plea form. Appellant 

acknowledged at the hearing that he had gone over his rights with his attorney, he 

understood his rights, and that he initialed and signed the plea form. Appellant pled 

guilty to count 1 and admitted a prior prison term enhancement. The parties stipulated 

that the police reports constituted a factual basis for the plea. 

On March 15, 2012, the trial court sentenced appellant to a term of four years. 

The parties noted that because appellant was in violation of his parole, he was eligible for 

commitment to state prison. The court imposed a $960 restitution fine and granted 

appellant 77 days of custody credits. Appellant did not obtain a certificate of probable 

cause. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 

436 (Wende).

 

1 All statutory references are to the Penal Code.

2 Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122 

(Boykin/Tahl).
3

APPELLATE COURT REVIEW

Appellant’s appointed appellate counsel has filed an opening brief that 

summarizes the pertinent facts, raises no issues, and requests this court to review the 

record independently. (Wende, supra, 25 Cal.3d 436.) The opening brief also includes 

the declaration of appellate counsel indicating that appellant was advised he could file his 

own brief with this court. By letter on July 17, 2012, we invited appellant to submit 

additional briefing. To date, he has not done so.

After independent review of the record, we have concluded there are no 

reasonably arguable legal or factual issues.

DISPOSITION

The judgment is affirmed.