People v. Donaldson CA3

BACKGROUND

A felony complaint charged defendant Darrell Lee Donaldson with 10 counts of grand theft. (Pen. Code, § 487, subd. (a).) The complaint alleged that defendant stole heavy equipment, including two tractors and a forklift. Pursuant to a negotiated disposition, defendant pleaded no contest to one count of grand theft. With respect to the theft offense, defendant admitted that he knowingly stole an orange tractor worth approximately $10,000 with the intent to permanently deprive the owner thereof. As part of the plea agreement, the remaining counts as well as charges in two separate cases1 were dismissed with Harvey2 waivers. The trial court placed defendant on probation for a period of five years conditioned on serving one year in county jail, with credit for time served of one day. The trial court also ordered victim restitution and imposed various fines and fees. Defendant filed a timely notice of appeal.

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 arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.)…