People v. Rios CA4/2

Filed 4/2/15 P. v. Rios CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E062017
v. (Super.Ct.No. FSB1304641)
THEODORE RIOS, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Kenneth Barr and
Steve Malone, Judges. Affirmed.
Lewis A. Wenzell, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
_____________________

Judge Kenneth Barr presided over defendant’s hearing on his plea. Judge Steve
Malone presided over defendant’s motion to withdraw his plea.
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I
STATEMENT OF THE CASE
On October 24, 2013, a felony complaint charged defendant and appellant
Theodore Rios and co-defendant Michael Ramirez with violating Penal Code1 section
530.5, subdivision (c)(3), willfully and unlawfully acquiring and possessing with an
intent to defraud the personal identifying information of 10 or more other persons. The
complaint also alleged a gang enhancement under section 186.22, subdivision (b)(1)(A).
The complaint further alleged that defendant had suffered a prior strike under sections
1170.12, subdivisions (a) through (d) and 667, subdivision (b); a serious felony prior
under section 667, subdivision (a)(1); and a one-year prison prior under section 667.5.
On December 12, 2013, defendant pled guilty to count 1 and admitted the one-
year prison prior. The parties agreed that defendant would be sentenced to a total of four
years, the upper term of three years on count 1 and one year for the prison prior to be
served consecutively, with the remainder of the complaint to be dismissed. The parties
stipulated that the police reports could be read and considered as the factual basis for the
plea.
On September 4, 2014, the trial court heard and denied defendant’s motion to
withdraw his plea. On the same day, the court sentenced defendant pursuant to the terms
of the plea agreement to four years in state prison.
1 All statutory references are to the Penal Code unless specified otherwise.
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On September 25, 2014, defendant filed a notice of appeal challenging the validity
of the plea, and based on the sentence or other matters occurring after the plea.
Defendant requested a certificate of probable cause; the trial court denied his request.
II
STATEMENT OF FACTS
On October 23, 2013, a police officer contacted a car driven by defendant. The
officer knew defendant was on parole and conducted a parole search. The officer found a
bag containing copies of checks, identification cards, and other forms of identification
belonging to more than 100 individuals. Subsequently, numerous victims were
contacted. They confirmed that the seized items had been stolen.
III
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal. 3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of
the case, a summary of the facts, and potential arguable issues, and requesting this court
to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he
has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal. 4th 106, we
have conducted an independent review of the record and find no arguable issues.
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IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
J.
We concur:
RAMIREZ
P. J.
KING
J.
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