P. v. Perea

P. v. Perea

Filed 9/26/08 P. v. Perea CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. LUCAS TEPETITLA PEREA, Defendant and Appellant.

H032590 (Monterey County Super. Ct. No. SS072786)

On October 1, 2007, Defendant Lucas Tepetitla Perea was charged in an information in Monterey County with kidnapping (Pen. Code 207, subd. (a)) and carjacking (Pen. Code 215, subd. (a)).

Defendant filed a motion to dismiss the information on October 22, 2007, pursuant to Kellet v. Superior Court (1966) 63 Cal.2d 822, claiming his no contest pleas to driving under the influence and hit and run with injury in an earlier proceeding barred prosecution for kidnapping and carjacking in this case because the district attorney failed to prosecute all offenses arising from the same conduct in a single proceeding. The motion was denied on November 14, 2007.

On January 17, 2008, defendant entered into a plea disposition under which he pleaded no contest to carjacking in return for a sentence of five years in state prison. On January 25, 2008, the court sentenced defendant to the middle term of five years on the carjacking count and the kidnapping charge was dismissed.

Defendant filed a timely notice of appeal, claiming the court erred in denying his motion to dismiss. No certificate of probable cause was requested.

STATEMENT OF FACTS[1]

On September 2, 2007, around 4:00 a.m., Jamie Patricio was loading her car at a Motel 6 in Salinas in preparation for her departure home to Southern California. The engine was running and her 10-year-old son was in the back seat. Suddenly, a man, later identified by her as defendant, drove off with her car and her son. According to the child, as the man backed up the car, he turned and told the boy to shut up. The child was able to get out of the car when it struck something and stopped in the motel parking lot. The car then sped off up a highway on-ramp. The Salinas Police Department responded to Ms. Patricios call.

Much later that day, around 7:15 p.m., defendant was involved in a hit and run accident while driving the Patricio vehicle and arrested by the California Highway Patrol as Lucas Perea Tepetitla. On September 4, 2007, under that name, he was charged in Monterey County Superior Court case SS072580A with hit and run causing injury (Veh. Code 20001, subd. (a)) and driving under the influence causing injury (Veh. Code  23153, subds. (a) & (b)). On September 12, 2007, he pleaded no contest to the charges as felonies and was sentenced to probation on October 10, 2007.

DISCUSSION

We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues.

We have notified defendant of his right to submit written argument in his own behalf within 30 days. The period has elapsed and we have received no written argument from defendant.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record, and we have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.)

DISPOSITION

The judgment is affirmed.

McAdams, J.

WE CONCUR:

Bamattre-Manoukian, Acting P.J.

Duffy, J.

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People v. Perea

H032590

[1] Because defendant entered a plea of no contest, the factual summary is drawn from the preliminary hearing and the motion to dismiss.