People v. Combs CA6 ( 2024 )

Filed 1/4/24 P. v. Combs CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, H051115
(Monterey County
Plaintiff and Respondent, Super. Ct. No. 23CR001962)
v.
CRYSTAL JUNE LEE COMBS,
Defendant and Appellant.
Defendant Crystal June Lee Combs appeals from a judgment entered after
pleading no contest to the unlawful driving or taking of a vehicle. She also admitted to a
prior conviction for auto theft. Appointed counsel for Combs filed an opening brief
which provides the procedural and factual background of the case but raises no legal
challenge to the disposition. Counsel asks this court to conduct an independent review of
the record to determine whether there are any arguable issues. (See People v. Wende
(1979) 25 Cal.3d 436 (Wende).) Combs was advised of the right to file written
arguments on her own behalf but has not responded. Finding no arguable error that
would result in a disposition more favorable to Combs, we affirm the judgment.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. Factual Background1
On March 6, 2023, Detective Pinon of the Monterey County Sheriff’s Office,
working with a multiagency auto theft task force, located a stolen vehicle parked on
Soledad Street in Monterey County. Pinon and California Highway Patrol Officer Rivera
began to monitor the vehicle. A short time later, they observed a white female adult get
into the driver’s seat and begin to drive away. Pinon and Rivera briefly followed the
vehicle until a fully marked Monterey County Sheriff’s Office patrol vehicle arrived to
perform a traffic stop. The driver was ordered out of the vehicle and later identified as
Combs.
Rivera spoke with Combs, who claimed she had permission from the registered
owner to drive the vehicle. According to Rivera, Combs changed and contradicted her
story multiple times by initially stating she took the vehicle in the morning with the
registered owner’s permission, then later stating she took the vehicle in the morning
while the owner was asleep.
B. Procedural Background
On March 9, 2023, the Monterey County District Attorney’s Office filed a felony
complaint against Combs, charging her with unlawful driving or taking of a vehicle
(Veh. Code, § 10851(a); count 1). The complaint further alleged that Combs had
previously been convicted of buying or receiving a stolen vehicle (Pen. Code, § 496d,
subd. (a)), which constituted a prior auto theft conviction pursuant to Penal Code section
666.5, subdivision (a).
On March 22, 2023, Combs withdrew her plea of not guilty and entered a plea of
no contest to unlawful driving or taking of a vehicle (count 1). She also admitted to the
allegation that she had previously been convicted of auto theft (Pen. Code, § 666.5, subd.
1
The facts of this offense are taken from the pre-trial services and probation
reports, which are also quoted by appellate counsel in her opening brief.
2
(a).) In exchange for her plea, Combs agreed to serve a stipulated sentence of two years
in county jail.
On April 19, 2023, Combs appeared for sentencing. The court denied probation
and imposed a term of two years in county jail as to count 1. The court imposed a $600
restitution fine (Pen. Code, § 1202.4, subd. (b)(2)), a $40 court operations assessment
(Pen. Code, § 1465.8, subd. (a)(1)), a $30 court facilities assessment (Gov. Code, §
70373), and victim restitution.
On June 6, 2023, Combs filed a notice of appeal but did not seek a certificate of
probable cause.
II. DISCUSSION
Pursuant to People v. Wende, supra, 25 Cal.3d 436, we have reviewed the entire
record. We find no arguable error that would result in a disposition more favorable to
Combs.
III. DISPOSITION
The judgment is affirmed.
3
___________________________________
Wilson, J.
WE CONCUR:
__________________________________________
Greenwood, P.J.
__________________________________________
Bamattre-Manoukian, J.
People v. Combs
H051115