P. v. Ledgering CA4/1 ( 2013 )

Filed 6/6/13 P. v. Ledgering CA4/1
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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D062174
Plaintiff and Respondent,
v. (Super. Ct. No. SCD235427)
BRIAN K. LEDGERING,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Charles R.
Gill, Judge. Affirmed.
Patrick J. Hennessey, Jr., by appointment of the Court of Appeal, for Defendant
and Appellant.
No appearance for Respondent.
Appellant Brian K. Ledgering pled guilty to three counts of unlawfully driving a
vehicle in violation of Vehicle Code section 10851, subdivision (a) and three counts of
unlawfully receiving a stolen motor vehicle in violation of Penal Code section 496d. In
accordance with the plea bargain, the court denied probation and, pursuant to Penal Code
section 1170, subdivision (h), sentenced appellant to two years eight months, with 16
months in local custody and 16 months of mandatory supervised release. The court also
imposed the requisite fees, fines and victim restitution and awarded 116 days of custody
credits. The custody credits were later corrected to reflect 156 days of custody credits.
FACTUAL BACKGROUND1
As the result of an undercover operation conducted by the San Diego County
Regional Auto Theft Task Force, the grand jury returned a 16-count indictment, charging
appellant and six codefendants with eight counts of violating Vehicle Code section
10851, subdivision (a) and eight counts of violating Penal Code section 496d. Appellant
was charged with six counts involving three vehicles: a Honda Civic; a Honda
motorcycle and a Suzuki motorcycle. Appellant admitted that on May 3, 2011, he drove
the stolen Honda Civic to a location prearranged by a codefendant and was accompanied
by another codefendant who was driving the stolen Honda motorcycle. The undercover
officer purchased the two vehicles for $500; the steering column and ignition of each
vehicle were damaged. Appellant also admitted that on May 24, he and a codefendant
participated in the sale of a stolen Suzuki motorcycle to an undercover officer who paid
$600 for the vehicle. The ignition of that vehicle was damaged and appeared to have
been drilled.
1 Because the case was resolved by a plea agreement, the facts are taken from the
probation report.
2
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the proceedings below.
Counsel presents no argument for reversal but asks that this court review the record for
error as mandated by People v. Wende (1979) 25 Cal. 3d 436 and Anders v. California
(1967) 386 U.S. 738. Counsel has not identified any possible arguments on appeal.
We granted appellant permission to file a brief on his own behalf and he has not
responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal. 3d 436 and
Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate
issue. Competent counsel has represented appellant in this appeal.
DISPOSITION
The judgment is affirmed.
HALLER, Acting P.J.
WE CONCUR:
MCINTYRE, J.
O'ROURKE, J.
3