Filed 5/2/14 P. v. Delgado CA6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

MIKEAL LEE DELGADO,

Defendant and Appellant.

 H039948

 (Santa Clara County

 Super. Ct. No. C1240989)

Defendant Mikeal Lee Delgado was observed by a police officer conversing with a 

known drug dealer. Defendant was driving a BMW. The police officer determined that 

the BMW had been reported stolen. Defendant got out of the BMW and tried to remove 

its license plate. The officer detained him, and defendant provided a false name. The 

officer discovered that defendant was on parole with an active arrest warrant for 

absconding. Defendant’s driver’s license was suspended, and he had marijuana and a 

spark plug in his pockets. An “air gun” that had been spray painted black was found in 

the BMW. 

Defendant waived his right to a preliminary examination. He was charged by 

information with one felony, driving or taking a vehicle with a prior conviction for doing 

so (Veh. Code, § 10851, subd. (a); Pen. Code, § 666.5), four misdemeanors, alteration of 

an imitation firearm (Pen. Code, § 20150, subd. (a)), possession of burglary tools (Pen. 
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Code, § 466), driving with a suspended license with a prior conviction for doing so (Veh. 

Code, § 14601.1, subd. (a)), and providing a false name to a peace officer (Pen. Code, 

§ 148.9), and one infraction, possession of less than an ounce of marijuana (Health & Saf. 

Code, § 11357, subd. (b)). The information also alleged that defendant had suffered a 

prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and four times served 

prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)). 

Defendant had a lengthy criminal history (seven prior felony convictions and 21 

prior misdemeanor convictions) and was a chronic substance abuser. His prior crimes 

included exhibiting a deadly weapon, spousal abuse, and obstructing an officer. He had 

completed several residential substance abuse treatment programs, but he had always 

returned to substance abuse. 

Defendant faced a maximum term of 12 years in prison. He accepted a “court 

offer” of a sentence cap of five years in prison in exchange for his no contest pleas to all 

counts and admission of all of the prior conviction, strike, and prison prior allegations. 

The court refused to strike the strike. It imposed the lower term of two years, doubled 

due to the strike, for a four-year prison term for the felony and imposed concurrent jail 

terms for the misdemeanors. The court struck the punishment for the prison priors. 

Defendant timely filed a notice of appeal. 

Appointed appellate counsel has filed an opening brief that states the case and the 

facts but raises no issues. Defendant was notified of his right to submit written argument 

on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. 

Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that 

there are no arguable issues on appeal.

The judgment is affirmed.
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_______________________________

Mihara, J.

WE CONCUR:

_____________________________

Bamattre-Manoukian, Acting P. J.

_____________________________

Grover, J.