THE PEOPLE v. SEXUAL BLUE (2011)

Court of Appeal, Second District, California.

THE PEOPLE, Plaintiff and Respondent, v. SEXUAL S. BLUE, Defendant and Appellant.

B229100

Decided: August 15, 2011

Sexual S. Blue appeals from his sentence or other matters occurring after his plea of “no contest” to one count of grand theft auto, a felony, in violation of Penal Code section 487, subdivision (d)(1).1  The trial court placed appellant on formal probation for a period of three years.   We appointed counsel to represent appellant on this appeal.   After examination of the record, counsel filed an “opening brief” that contained an acknowledgment that she had been unable to find any arguable issues.   On April 28, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider.   No response had been received to date.   Since appellant pleaded “no contest” prior to trial and waived his right to a preliminary hearing, we obtain the facts from the probation report.   On December 21, 2009, appellant purchased a 2008 Chevrolet PT Cruiser by using false information obtained from a gas bill.   He provided the auto dealership with an address that did not exist and made a down payment of $750 drawn on a bank account that was closed.   After being contacted by the dealer, appellant made a payment with a check lacking sufficient funds.   When again contacted by the dealer, appellant promised to go to the dealership with cash, but he never did so.   The dealer sent someone from the repossession department to the address appellant had provided, and it proved to be a warehouse rather than a residence.   On April 1, 2010, a representative of the dealership identified appellant in a photographic lineup.   Appellant chose to act as his own attorney and pleaded not guilty.   The trial court appointed standby counsel and an investigator for appellant.   On October 25, 2010, appellant accepted a disposition offer from the prosecution.   Appellant agreed to waive 85 days of back time and be placed on three years of probation under standard conditions, which included serving a year in county jail.   He agreed to pay a $200 restitution fine, a $30 facilities fine and to pay security fines.   Appellant was advised of and waived his constitutional rights.   He pleaded no contest to the charged offense and admitted four prior convictions.