P. v. Ferraz
Filed 10/10/07 P. v. Ferraz CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. FREDDIE F. FERRAZ, Defendant and Appellant. | D050661 (Super. Ct. No. SCE 265047) |
APPEAL from a judgment of the Superior Court of San Diego County, Louis R. Hanoian, Judge. Affirmed.
A jury convicted Freddie F. Ferraz of unlawfully driving a vehicle without the consent of the owner (Veh. Code, 10851, subd. (a)) and receiving a stolen vehicle (Pen. Code, 496, subd. (d)). The trial court sentenced Ferraz to a two-year prison term for each crime, but stayed the sentence on the receiving a stolen vehicle count pursuant to Penal Code section 654.
FACTS
On the morning of September 9, 2006, Sandra Aquino discovered her 1992 Acura Integra had been stolen; she had locked the vehicle and parked it across the street from her residence the night before. Aquino had not given anyone permission to take or drive her car.
On September 28 shortly after 8:00 a.m., La Mesa Police Officer Jennifer McNamara was dispatched to check out an anonymous tip concerning a suspicious car that had been parked on the street for a week. The vehicle, a white Acura Integra, did not have license plates, but McNamara was able to see the Vehicle Identification Number (VIN) and, through a computer check, learned the car had been stolen. McNamara also noted that the ignition appeared to have been tampered with and the stereo player had been removed from the center console. A stereo player was on the floorboard. Additionally, McNamara observed a temporary registration sticker on the rear window of the car, but a computer check indicated the sticker was for a different vehicle. A folded document was affixed to the front windshield.
McNamara contacted another officer; they waited at opposite ends of the street for about one and one-half hours until someone approached the car. As the car was driven away McNamara's partner made a "hot stop," and Ferraz got out of the car. McNamara observed a key jammed into the ignition; the entire ignition unit came out when an officer attempted to remove the key. McNamara also examined the document affixed to the front windshield; it was from the Department of Motor Vehicles and had Ferraz's name on it, but it had nothing to do with the Acura.
Ferraz testified he did not steal the car and did not know it was stolen. Ferraz said he was a mobile mechanic and was repairing the Acura for Tony Motts, a car dealer who worked out of his home. Motts often bought vehicles at auction and had Ferraz repair them for resale.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether sufficient evidence supported the guilty verdicts; (2) whether police provided a sufficient Miranda warning (Miranda v. Arizona (l966)384 U.S. 436); (3) whether trial counsel was ineffective by not objecting to the admission of Ferraz's statements made without an effective Miranda warning; and (4) whether the prosecutor committed misconduct in her closing argument.
We granted Ferraz permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Ferraz has been competently represented on this appeal.
DISPOSITION
The judgment is affirmed.
McCONNELL, P. J.
WE CONCUR:
AARON, J.
IRION, J.
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