Filed 12/12/18 P. v. Toulet 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.
JORGE LUIS TOULET,
Defendant and Appellant.
| H045324 (Santa Clara County Super. Ct. No. C1650274) |
Defendant Jorge Luis Toulet pleaded no contest to unauthorized use of a vehicle (Veh. Code § 10851, subd. (a)) and resisting arrest (Pen. Code § 148, subd. (a)(1)). The court placed him on probation for a term of three years, and ordered him to serve 6 months in county jail.
On appeal, although Toulet’s appointed counsel filed a brief pursuant to People v. Serrano (2013) 211 Cal.App.4th 496, we have determined that the appeal is subject to the procedures of People v. Wende (1979) 25 Cal.3d 436 (Wende) because it is a first appeal of right. We notified Toulet of his right to submit written argument on this own behalf within 30 days. The 30-day period has elapsed and we have not received written argument from Toulet.
Pursuant to Wende, we have reviewed the entire record and find that there is no arguable issue on appeal. We affirm the judgment.
- STATEMENT OF THE FACTS AND CASE
On November 6, 2106, Toulet stole Danny Daoud’s 2007 BMW 335. Daoud notified the police immediately that his car had been stolen. At 6:00 p.m. the same day, having received a theft alert from Daoud’s car’s LoJack system, a Santa Clara County Sheriff’s Deputy responded to a parking lot at West Valley College where he found Toulet sitting in the driver’s seat of Daoud’s car. When Toulet saw the Deputy, he started the car and tried to flee, however, the Deputy was able to stop him. Daoud identified Toulet at the scene.
On November 9, 2016, Toulet was charged with theft or unauthorized use of a vehicle (Veh. Code, §10851, subd. (a); count one), second-degree burglary (Pen. Code, §§ 459; 460, subd. (b); count two), misdemeanor resisting arrest (Pen. Code, §148, subd. (a)(1); count three); and misdemeanor receiving stolen property (Pen. Code, §496, subd. (a); count four). Toulet pleaded no contest to count one, unauthorized use of a vehicle (Veh. Code, §10851, subd. (a)) and count three, resisting arrest (Pen. Code, §148, subd. (a)(1)). The remaining charges were dismissed pursuant to a plea agreement.
On March 2, 2017, the court suspended imposition of sentence and granted Toulet three years of formal probation. The court also ordered Toulet to serve six months in the county jail, and awarded him 181 days of credit for time served. The court awarded restitution to the victim in the amount of $15,840, but stayed it pending a full hearing.
On September 22, 2017, the court held a restitution hearing. Daoud testified that his insurance company paid him a total-loss payment of $13,341.90 for his car. At the end of the hearing, the trial court denied restitution.
On September 25, 2017, the prosecution filed a motion to reconsider the court’s ruling on restitution. On November 3, 2017, after reconsidering the request, the court ordered Toulet to pay Daoud $13,341.91 in restitution. On November 9, 2017, Toulet filed a timely notice of appeal.
- DISCUSSION
We have conducted an independent review of the record pursuant to Wende, and find that there is no arguable issue on appeal.
- DISPOSITION
The judgment is affirmed.
_______________________________
Greenwood, P.J.
WE CONCUR:
______________________________________
Elia, J.
______________________________________
Grover, J.
People v. Toulet
No. H045324
