P. v. Sandhu

























Filed 1/10/13 P.
v. Sandhu CA3













NOT TO BE
PUBLISHED



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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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>

THIRD APPELLATE DISTRICT

(Sacramento>)

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>

THE PEOPLE, Plaintiff and Respondent, v. GURPARMINDER SINGH SANDHU, Defendant and Appellant.

C071282 (Super. Ct. No. 11F04389)

Defendant
Gurparminder Singh Sandhu waived trial by jury.
Following trial to the court, he was found guilty of perjury. (Pen. Code, § 118, subd. (a).)href="#_ftn1" name="_ftnref1" title="">[1] Imposition of sentence was
suspended and defendant was placed on formal probation for four years on the
condition, among others, he serve 30 days of incarceration. He was ordered to pay a $200 restitution fine
(id., § 1202.4, subd. (b)), a $40
court operations fee (id.,
§ 1465.8, subd. (a)(1)), and a $30 court facilities assessment (Gov. Code,
§ 70373). Defendant appeals
pursuant to href="http://www.mcmillanlaw.com/">People v. Wende (1979)
25 Cal.3d 436 (Wende). We shall affirm.

FACTUAL BACKGROUND

In
accordance with People v. Kelly (2006)
40 Cal.4th 106, 110 (Kelly), we
provide the following background.

In
December 1997, defendant used the name Gurparminder Singh, birth date April 9, 1975, and a Social Security number ending in -XX21 to obtain a California
driver’s license (the Singh license). In
April 1998, defendant renewed the Singh license and used the same name and
birth date to obtain a California identification card (the Singh identification). Defendant again renewed the Singh license in
March 1999.

In
February 2002, defendant used the name Surinder Pal Bhinder, birth date March 2, 1970, and a Social Security number ending in -XX83 to obtain a
commercial driver’s license (the Bhinder license). In February 2007, defendant submitted a
medical examination report to the Department of Motor Vehicles (DMV) to
maintain the Bhinder license.

In
May 2008, the DMV suspended the Singh license for failure to report an
uninsured accident. Defendant renewed
the Bhinder license in September 2008.

In
February 2009, Dr. Fue Lee examined defendant, who identified himself as
Surinder Pal S. Bhinder. The same day,
defendant submitted a medical examination report and a photographic
identification to the DMV’s south Sacramento office to maintain the Bhinder license. The report stated in handwriting the name
Surinder Pal Bhinder; listed a birth date of March 2, 1970; and bore a signature attesting to the correctness of the
information under penalty of perjury.

Defendant
renewed the Singh identification in February 2010. That same month, defendant submitted a
medical examination report to the DMV to maintain the Bhinder license.

In
February 2011, United States Citizenship and Immigration Services immigration
officer Daniel Pursch interviewed defendant regarding his application for United States citizenship using the name Surinder Pal Bhinder. Pursch showed defendant DMV photographs
depicting Surinder Pal Bhinder and Gurparminder Singh. Defendant told Pursch the photograph depicting
Gurparminder Singh was not his photograph.


In
April 2011, Pursch again interviewed defendant, who was this time accompanied
by an attorney and an interpreter.
Defendant identified himself as Surinder Pal Bhinder but admitted his
true name was Gurparminder Singh Sandhu and his true date of birth was April 9, 1975. Defendant said Gurdashan
Bhinder, his uncle, had arranged for defendant to get a fraudulent birth
certificate that used the name Surinder Pal Bhinder. Defendant admitted the DMV photograph
identifying Gurparminder Singh was his photograph.

In
September 2011, defendant met with DMV investigator Salvador Gonzalez at the
DMV investigations office in Sacramento. Defendant gave Gonzalez a
passport and an ATM card bearing the name Surinder Bhinder.

According
to Gonzalez, a person with a suspended license cannot obtain or renew a
commercial license. The DMV does not
permit a person to obtain two or more licenses.
Defendant has not submitted records to DMV indicating he had changed his
name from Gurparminder Singh to Surinder Pal Bhinder.

The
defense submitted (1) three statements from the T-Mobile company identifying
its customer as Surinder Pal Bhinder, and (2) a certified copy of documents
recording a criminal conviction of Surinder Bhinder in Los Angeles County
Superior Court in October 2008.

The
trial court concluded beyond a reasonable doubt defendant committed perjury in
that he submitted the medical examination report in the false name of Surinder
Pal Bhinder in order to obtain a material benefit, a commercial driver’s
license, which he would not have been able to obtain based on his driving
record.

DISCUSSION

We
appointed counsel to represent
defendant on appeal. Counsel filed an
opening brief that sets forth the facts of the case and requests this court to
review the record and determine whether there are any href="http://www.fearnotlaw.com/">arguable issues on appeal. (Wende,
supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right
to file a supplemental brief within 30 days of the date of filing of the href="http://www.mcmillanlaw.com/">opening brief. More than 30 days have elapsed, and we have
received no communication from defendant.


Having
undertaken an examination of the entire record, we find no arguable error that
would result in a disposition more favorable to defendant.

DISPOSITION

The
judgment is affirmed.





BUTZ , Acting P. J.







We concur:







MAURO , J.







MURRAY ,
J.