People v. Pastrana CA2/7 ( 2023 )

Filed 1/19/23 P. v. Pastrana CA2/7
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, B319276
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. BA491592)
v.
CARLOS PASTRANA,
Defendant and Appellant.
APPEAL from a postjudgment order of the Superior Court
of Los Angeles County, Renee Korn, Judge. Affirmed.
Patrick J. Hoynoski, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_______________
Carlos Pastrana was convicted pursuant to a plea of
no contest of violating Vehicle Code section 10851,
subdivision (a), driving or taking a vehicle without consent.
Pastrana appeals from the postjudgment order revoking his
probation and imposing a 16-month county jail sentence. No
arguable issues have been identified following review of the
record by Pastrana’s appointed appellate counsel or our own
independent review. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Pastrana was charged in a felony complaint filed
November 24, 2020 with a single count of violating Vehicle Code
section 10851, subdivision (a). Following advisement and waiver
of his constitutional rights, Pastrana pleaded no contest to the
charge on January 29, 2021. On February 19, 2021 the court
suspended imposition of sentence and placed Pastrana on formal
probation for two years on condition he serve 180 days in county
jail, a period equal to Pastrana’s total custody credit.
The court summarily revoked probation and issued a bench
warrant on August 25, 2021 after Pastrana failed to appear at
the probation department as ordered as a condition of his
probation. The warrant was recalled on February 16, 2022 after
Pastrana was apprehended.
A probation violation hearing was held on March 17, 2022.
Pastrana’s probation officer testified Pastrana had failed to
contact her at any time during the pertinent period following the
order placing him on formal probation. She also testified
probation department records did not indicate Pastrana had
contacted any other probation officer. Pastrana did not testify at
the hearing or present any evidence that would justify his failure
to report to probation.
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The court found Pastrana in violation of probation, revoked
probation and sentenced him to the lower term of 16 months in
county jail for violating Vehicle Code section 10851,
subdivision (a). Pastrana was awarded a total of 241 days of
custody credit.
Pastrana filed a timely notice of appeal.
DISCUSSION
We appointed counsel to represent Pastrana in this appeal.
After reviewing the record, counsel filed a brief raising no issues.
Appointed counsel advised Pastrana on December 7, 2022 that he
could personally submit any contentions or issues he wanted the
court to consider. We have received no response.
We have examined the record and are satisfied appellate
counsel for Pastrana has complied with counsel’s responsibilities
and there are no arguable issues. (Smith v. Robbins (2000)
528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 118-
119; People v. Wende (1979) 25 Cal.3d 436, 441-442.)
DISPOSITION
The postjudgment order is affirmed.
PERLUSS, P. J.
We concur:
SEGAL, J.
FEUER, J.
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