People v. Garrett CA5

STATEMENT OF THE CASE

On September 11, 2020, Jeffrey Michael Garrett was accused, by information of one felony count of unlawful driving of a vehicle (Veh. Code, § 10851, subd. (a)) and it was alleged that he had two prior serious or violent felony convictions (Pen. Code, §§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e).) On October 29, 2020, after initially entering a not guilty plea and denying the allegations, Garrett pleaded no contest to the count and admitted both prior convictions. On November 30, 2020, Garrett requested a change in appointed counsel. A Marsden1 hearing was held, and the request was denied. At sentencing on January 8, 2021, the trial court struck the two prior felony conviction allegations and sentenced Garrett to the middle term of two years, with actual and conduct credit for times served. Various fines and fees were imposed.

STATEMENT OF THE FACTS2

On June 14, 2020, Garrett operated a motor vehicle without the permission of the owner.

DISCUSSION

Garrett filed a notice of appeal on February 5, 2021. Garrett’s appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues,

People v. Marsden (1970)…