P. v. Ayala

Filed 5/12/06 P. v. Ayala CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Fresno County. Gregory T. Fain, Judge.

Robert L.S. Angres, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

On April 13, 2005, appellant, Adam Ayala, pled no contest to two counts of unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a), counts one & three) and two counts of receiving a stolen vehicle (Pen. Code, § 496d, subd. (a), counts two & four).^[1] Ayala admitted, as relevant to counts one and three, that he previously had been convicted of another violation of Vehicle Code section 10851, subdivision (a). He further admitted a prior serious felony conviction within the meaning of the three strikes law and two prior prison term enhancements (§ 667.5, subd. (b)). There was a 12-year lid on Ayala's prison term.

On June 15, 2005, the trial court appointed conflict counsel to investigate a motion to withdraw Ayala's plea. Conflict counsel filed a motion to withdraw Ayala's plea on July 18, 2005. On that date, the court dismissed the public defender as Ayala's counsel.

On August 28, 2005, the trial court denied Ayala's motion to withdraw his plea. The court denied Ayala's request that his prior serious felony conviction be dismissed pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

The court imposed the mitigated term of two years, doubled pursuant to the three strikes law to four years, on count one. The court imposed a consecutive term of two years on count three and stayed sentence on counts two and four. The court imposed consecutive one-year terms for each prior prison term enhancement. Appellant's total prison term is eight years. The court imposed a restitution fine and awarded applicable custody credits. The appellant has obtained a certificate of probable cause.

Ayala's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Ayala was advised he could file his own brief with this court. By letter on December 30, 2005, we invited Ayala to submit additional briefing. To date, he has not done so.

After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.

DISPOSITION

The judgment is affirmed.

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^* Before Levy, Acting P.J., Gomes, J., and Dawson, J.

^[1] Unless otherwise indicated, all statutory references are to the Penal Code.