People v. Foster CA5

INTRODUCTION

Appellant and defendant Sean Luis Foster (appellant) pleaded no contest to felony unlawfully taking or driving a vehicle. He was referred to veteran’s treatment court, but the case was returned to the trial court because he had charges pending in other counties. He was released from custody to resolve those cases but subsequently failed to appear as ordered. He was returned to custody and sentenced to the second strike lower term of 32 months in prison. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm.

PROCEDURAL BACKGROUND

On March 21, 2024, a felony complaint was filed in the Superior Court of Fresno County charging appellant with count 1, unlawfully driving or taking a vehicle on March 19, 2024 (Veh. Code, § 10851, subd. (a)); and count 2, receiving a stolen motor vehicle on or about March 17 through March 19, 2024 (Pen. Code, § 496d, subd. (a)). As to both counts, it was alleged the vehicle’s value exceeded $950 (Pen. Code, §§…