People v. Chen CA4/2

• Court: California Court of Appeal
• Decided: July 18, 2023
• Docket: E079716
• Status: Unpublished

Opinion

Filed 7/18/23 P. v. Chen CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E079716

v. (Super. Ct. No. BAF2101521)

YI EE CHEN, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. William R. Chidsey,

Judge. Affirmed.

Michelle T. LiVecchi-Raufi, under appointment by the Court of Appeal, for

No appearance for Plaintiff and Respondent.

I.

INTRODUCTION

Pursuant to a negotiated disposition, defendant and appellant Yi Ee Chen pleaded

guilty to driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a)). He

1 also admitted that he had suffered a prior strike conviction (Pen. Code, §§ 667, subds. (c),

(e)(1), 1170.12, subd. (c)(1)). In exchange, the remaining charges were dismissed, and

defendant was sentenced to a stipulated term of six years in prison with credit for time

served. Defendant appeals the judgment. Based on our independent review of the

record, we find no error and affirm the judgment.

II. 1 FACTUAL AND PROCEDURAL BACKGROUND

On November 26, 2021, Riverside County Sheriff’s Department Deputy Ronald

Asendorf was dispatched to the Casino Morongo in Cabazon regarding a stolen vehicle.

Upon arrival, Deputy Asendorf spoke with the registered owner of a missing 2019 Lexus,

valued at $33,000.00. After reviewing the casino’s surveillance video camera recording

of someone taking the Lexus, Deputy Asendorf identified defendant as the person who

had taken the Lexus. The missing Lexus was recovered later that same evening.

On November 27, 2021, Deputy Asendorf was dispatched back to the casino as

defendant was at the valet and apologizing for stealing the vehicle to valet staff. When

the deputy arrived at the casino, defendant was at the valet stand. Upon being

approached by Deputy Asendorf, defendant exclaimed that he had stolen the Lexus while

under the influence of methamphetamine. Defendant also stated that he “felt bad” about

taking the vehicle and had returned to inform casino employees of where he had thrown

1 A summary of the factual background is taken from the preliminary hearing.

2 the keys. Deputy Asendorf arrested defendant. Deputy Asendorf drove defendant around

to locate the Lexus’ keys but was unsuccessful.

Following a preliminary hearing, on August 11, 2022, an information was filed

charging defendant with driving or taking a vehicle, to wit, a 2019 Lexus, without

consent (Veh. Code, § 10851, subd. (a); count 1) and receiving a stolen vehicle (Pen.

Code, § 496d, subd. (a); count 2). The information also alleged that defendant had

suffered a prior serious felony conviction (Pen. Code, § 667, subd. (a)) and a prior strike

conviction for a 2003 carjacking offense (Pen. Code, §§ 667, subds. (c), (e)(1), 1170.12,

subd. (c)(1)).

Prior to the preliminary hearing at an April 12, 2022 felony settlement conference

hearing, the trial court granted defense counsel’s request to order a psychiatric evaluation

of defendant pursuant to Evidence Code section 1017.

On July 29, 2022, defense counsel informed the trial court that defendant “was

requesting a residential treatment program.” The court responded, “At this point, I don’t

think it’s going to change my mind. I did give that indicated sentence, sir. Obviously, a

residential treatment program, while I think it would be beneficial for you, given your

track record, sir, this in all likelihood would be a state prison case.” The court, however,

was willing to “revisit the issue” at a later date after defense counsel has had an

opportunity to submit “materials” to the court.

On August 24, 2022, pursuant to a negotiated disposition, defendant withdrew his

not guilty plea and pleaded guilty to count 1 and admitted the prior strike conviction. In

3 return, defendant was promised the remaining allegations would be dismissed, and he

would be sentenced to a stipulated term of six years in prison with 132 days credit for

time served.

Prior to pleading guilty, defendant executed a felony plea form. The trial court

went over the plea form with defendant. In response to the trial court’s query, defendant

indicated that he had carefully gone over the plea form with his attorney and that he

understood everything on the plea form. The trial court also informed defendant of his

constitutional rights, the consequences of pleading guilty, and the negotiated plea

agreement. Defendant indicated to the court that he understood his rights, consequences

of the plea, and the plea agreement. Defendant also acknowledged to the court that he

had enough time to speak with his attorney. Defendant’s counsel joined in the waivers,

agreed with the plea, and stipulated to a factual basis for the plea. After directly

examining defendant, the court found that defendant understood his plea form, the nature

of the charges, the consequences of pleading no contest, and his constitutional rights.

The court also found that defendant had knowingly, intelligently, freely, and voluntarily

waived his constitutional rights, and that there was a factual basis for his plea. Defendant

was thereafter immediately sentenced in accordance with his plea agreement to six years

in prison with 132 days credit for time served, and the remaining allegations were

dismissed.

Defendant timely filed a notice of appeal and a request for certificate of probable

cause. In his request for certificate of probable cause, defendant stated that he hears

4 voices “that make [him] make wrong decisions,” that he “also see things that are not

there,” that he had “memory lapses,” and that his probation officer had been trying to find

him mental housing. The trial court granted defendant’s request for a certificate of

probable cause.

III.

DISCUSSION

After defendant appealed, upon his request, this court appointed counsel to

represent him. Upon examination of the record, 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 conduct an independent review of the record.

We offered defendant an opportunity to file a personal supplemental brief, but he

has not done so.

An appellate court conducts a review of the entire record to determine whether the

record reveals any issues which, if resolved favorably to defendant, would result in

reversal or modification of the judgment. (People v. Wende, supra, 25 Cal.3d at pp. 441-

442; People v. Feggans (1967) 67 Cal.2d 444, 447-448; Anders v. California, supra, 386

U.S. at p. 744; see People v. Johnson (1981) 123 Cal.App.3d 106, 109-112.)

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have

independently reviewed the entire record for potential error and find no arguable error

that would result in a disposition more favorable to defendant.

5 IV.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

CODRINGTON J.

We concur:

MILLER Acting P. J.

MENETREZ J.