Filed 1/ 4 / 24 P. v. Combs CA6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

CRYSTAL JUNE LEE COMBS

,

Defendant and Appellant. H05 1115

( Monterey County

Super. Ct. No. 23CR001962 )

Defendant Crystal June Lee Combs appeals from a judgment entered after

pleading no contest to the unlawful driving or taking of a vehicle . She also admitt ed to a

prior conviction for auto theft. Appoin ted counsel for Combs filed an opening brief

which provides the procedural and factual background of the case but raises no legal

challenge to the disposition

. Counsel asks this court to conduct an independent review of

the record to determine whether there are any arguable issues. (See People v. Wende

(1979) 25 Cal.3d 436 ( Wende ) .) Combs was advised of the right to file written

arguments on her own behalf but has not responded. Finding no arguable error that

would result in a disposition more favorable to Combs , we affirm the judgment.2 I. F ACTUAL AND P ROCEDURAL B ACKGROUND

A. Factual Background 1

On March 6, 2023

, Detective Pinon of the Monterey County Sheriff’s Office

,

working with a multiagency auto theft task force, located a stolen vehicle parked on

Soledad S treet in Monterey County. Pinon and California Highway Patrol Officer Rivera

began to monitor the vehicle

. A short time later , they observed a white female adult get

into the driver’s seat and begin to drive away. Pinon and Rivera briefly followed the

vehicle until a fully marked Monterey County Sheriff’s Office patrol vehicle arrived to

perform a traffic stop. The driver was ordere d out of the vehicle and later identified as

Combs.

Rivera spoke with Combs, who claimed she had permission from the registered

owner to drive the vehicle. According to Rivera, Combs changed and contradicted her

story multiple times by initially stating she took the vehicle in the morning with the

registered owner’s permission, then later stating she took the vehicle in the morning

while the owner was asleep.

B. Procedural Background

On March 9, 2023 , the Monterey County District Attorney’s Office fi led a felony

complaint against Combs , charging her with unlawful driving or taking of a vehicle

( Veh. Code, § 10851(a) ; count 1). The complaint further alleged that Combs had

previously been convicted of buying or receiving a stolen vehicle (Pen. Code, § 496 d

,

subd. (a)) , which constituted a prior auto theft conviction pursuant to Penal Code section

666.5, subdivision (a).

On March 22, 2023, Combs withdrew her plea of not guilty and entered a plea of

no contest to unlawful driving or taking of a vehicle ( count 1)

. She also admi tted to the

allegation that she had previously been convicted of auto theft (Pen. Code, § 666.5, subd.

1 The facts of this offense are taken from the pre

- trial services and probation

report s , which are also quoted by appellate counsel in her opening brief.3

(a).) In exchange for her plea, Combs agreed to serve a stipulated sentence of two years

in county jail.

On April 1 9, 2023, Combs appeared for sentencing. T he court denied probation

and imposed a term of two years in county jail as to count 1

. The court imposed a $ 600

restitution fine (Pen. Code, § 1202.4, subd. (b)(2)), a $ 4 0 court operations assessment

(Pen. Code, § 1465.8, subd. (a)(1)), a $ 3 0 court facilities assessment (Gov. Code, §

70373), and victim restitution.

On June 6, 2023, Combs filed a notice of appeal but did not seek a certificate of

probable cause

.

II. D ISCUSSION

Pursuant to People v. Wende, supra , 25 Cal.3d 436, we have reviewed the entire

record. We find no arguable error that would result in a disposition more favorable to

Combs

.

III. D ISPOSITION

The judgment is affirmed.___________________________________ Wilson, J.

WE CONCUR:

__________________________________________

Greenwood, P.J.

__________________________________________

Bamattre

- Manoukian, J.

People v. Combs

H0 51115