Filed 4/21/15 P.v. Chavez CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL CHAVEZ,

Defendant and Appellant.

 D066866

 (Super. Ct. No. SCE341796)

APPEAL from a judgment of the Superior Court of San Diego County, Evan P. 

Kirvin, Judge. Affirmed as modified with directions.

John F. Schuck, under appointment by the Court of Appeal, for Defendant and 

Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted Michael Chavez of one count of first degree burglary (Pen.

Code,1 §§ 459/460). Chavez admitted one serious felony prior conviction (§ 667, subd. 

(a)(1)), one strike prior (§ 667, subds. (b)-(i)) and five prison prior convictions (§ 667.5, 

 

1 All further statutory references are to the Penal Code unless otherwise specified.
2

subd. (b)). The court sentenced Chavez to a total term of 14 years in prison, consisting of 

eight years (the middle term doubled), plus five years for the serious felony prior2 and 

one year for a prison prior. The court struck the remaining prison priors. 

Chavez filed a timely notice of appeal. 

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

Cal.3d 436 (Wende), indicating he has been unable to identify any reasonably arguable 

issue for reversal on appeal. Counsel asks this court to review the record for error as 

mandated by Wende. We offered Chavez the opportunity to file his own brief on appeal 

but he has not responded.

STATEMENT OF FACTS

This case arises from a burglary of room 215 at the Travelodge in El Cajon on 

June 28, 2014. At that time Chavez was registered as a guest in room 208 of the 

Travelodge. 

Room 215 was occupied by Braulio Ponce and his coworker Samuel. At around 

9:00 p.m., Ponce went to bed. However, he left the door ajar because Samuel was out of 

the room. At around 11:00 p.m., Ponce woke up when Samuel returned to the room. 

Ponce discovered that his wallet and other items, including Samuel's suitcase, had been 

taken. 

 

2 The abstract of judgment erroneously reflects the five-year enhancement was 

imposed pursuant to section 667.5, subdivision (b). We will direct the trial court to 

amend the abstract of judgment to show that the five-year enhancement was imposed 

under section 667, subdivision (a)(1).
3

Review of the surveillance video at the Travelodge showed Chavez, wearing the 

same orange t-shirt and blue jeans as he did when he checked into the hotel earlier in the 

day. He was seen entering room 215 empty handed and emerging a short time later with 

various items, including Samuel's suitcase. 

Police arrested Chavez in his room, where they found the orange t-shirt he was 

wearing when he registered and when he was observed on the video.

DISCUSSION

As we have noted, counsel has not identified any reasonably arguable issues for 

reversal on appeal. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), 

counsel has identified the following possible, but not reasonably arguable, issues to assist 

this court in its mandated review of the record:

1. Whether the court abused its discretion when it denied Chavez's motion to 

replace appointed counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118?

2. Whether the court abused its discretion in imposing a 14-year prison term?

We have reviewed the entire record as mandated by Wende, supra, 25 Cal.3d 436 

and Anders, supra, 386 U.S. 738, and have not discovered any reasonably arguable issue 

for reversal on appeal. Competent counsel has represented Chavez on this appeal.
4

DISPOSITION

The trial court is directed to amend the abstract of judgment to reflect that the fiveyear enhancement was imposed under section 667, subdivision (a)(1) and forward an 

amended abstract to the Department of Corrections and Rehabilitation. In all other 

respects the judgment is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

HALLER, J.

McINTYRE, J.