People v. Valencia CA5

INTRODUCTION

Appellant/defendant Christopher Leal Valencia pleaded no contest to two felony counts: second degree burglary (Pen. Code,1 § 459) and grand theft (§ 487, subd. (a)). Thereafter, he received a jury trial on a misdemeanor charge of indecent exposure (§ 314, subd. (a)) and was convicted. He was sentenced to two years in prison. On appeal, his appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We will affirm.

FACTS2

On the morning of November 5, 2010, defendant entered Quality Jewelers in Visalia. The clerk thought he was acting strange. Defendant asked to see a diamond ring which was in a display case. The ring was worth about $1,000. The clerk removed it from the case and showed it to defendant. Defendant rubbed the diamond ring against his shirt, switched with a ring of his own, and put his own ring back in the display. The clerk chased him, and defendant ran away. Later that afternoon, defendant walked into a dental clinic in Visalia, spoke to the receptionist, and complained of a toothache. The…