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The People v. Roy Michael Ervin

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO


December 8, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ROY MICHAEL ERVIN, DEFENDANT AND APPELLANT.

APPEAL from the Superior Court of San Bernardino County. Michael M. Dest, Judge. Affirmed. (Super.Ct.No. FSB804734)

The opinion of the court was delivered by: Ramirez P. J.

P. v. Ervin

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

No appearance for Plaintiff and Respondent.

Defendant and appellant Roy Michael Ervin appeals from a guilty plea to one count of identity theft. (Pen. Code, § 530.5, subd. (a).)*fn1

FACTUAL AND PROCEDURAL BACKGROUND

On November 26, 2008, a felony complaint was filed against defendant alleging he committed identity theft (§ 530.5, subd. (a)) and false impersonation (§ 529). Pursuant to a written plea agreement, defendant pled guilty on April 29, 2010, to identity theft. (§ 530.5, subd. (a).) As part of the plea agreement, the remaining count was dismissed. The parties stipulated to the police reports as a factual basis for the plea. On June 1, 2010, the court granted defendant probation for a period of 36 months subject to various terms and conditions.

According to the police reports, a sheriff's deputy investigating a vehicle accident discovered defendant had fraudulently obtained a driver's license in the victim's name and also registered a vehicle in the victim's name. He was then involved in a vehicle accident and was found at fault.

When interviewed, the victim said he is disabled and does not work or drive. He lost his wallet and went to the Department of Motor Vehicles to replace his identification. He was told his license had been suspended due to a traffic accident. He also received tax bills from the Internal Revenue Service and the Franchise Tax Board for $3,000 in winnings at a gambling casino that were not his. The victim had reported these matters to police.

DISCUSSION

On June 3, 2010, defendant filed a notice of appeal. We appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. On September 20, 2010, we offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

We concur: HOLLENHORST J. McKINSTER J.


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