People v. Gilbert CA6
H043298
| Cal. Ct. App. | Aug 24, 2016Background
- On Sept. 28, 2015, officers detained defendant after a traffic stop; he initially identified himself as Richard Fisher and produced a passport in that name.
- Officers later discovered the wallet belonged to Rene Gilbert; defendant returned to the station hours later and identified himself as Rene Gilbert.
- DMV photos and records, a bill of sale, and items recovered from a backpack (passport, cards, checks, a notebook with many names, and account documents in Fisher’s name) supported that defendant had used Fisher’s identity.
- Defendant was charged with false impersonation (Pen. Code § 529) and giving a false name to a peace officer (§ 148.9); two prior convictions were alleged.
- He pleaded no contest to both counts, admitted the priors, and negotiated a recommended sentence of up to 32 months with leave to file a Romero motion.
- The trial court denied the Romero motion and sentenced defendant to 16 months (doubled for a prior strike) for false impersonation and 10 days concurrent for the false-name misdemeanor; restitution fine of $600.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of record review on appeal / whether any arguable issues exist | People asserted the record contains evidence supporting conviction and sentence; appellate counsel filed a no-issue brief and requested Wende review | Gilbert did not file a supplemental brief challenging conviction, sentence, or Romero denial | Court conducted independent Wende review, found no arguable issues, and affirmed judgment |
| Denial of Romero motion (strike dismissal) | People argued strike priors warranted denial based on record and public safety considerations | Gilbert sought dismissal of strike priors under Romero to avoid doubled term | Trial court denied Romero; appellate court found no arguable basis to reverse the denial |
Key Cases Cited
- People v. Wende, 25 Cal.3d 436 (establishes requirement for independent appellate review when counsel files an appellate brief raising no issues)
- People v. Kelly, 40 Cal.4th 106 (requires appellate courts to provide a concise statement of case facts and disposition when conducting Wende review)
- People v. Superior Court (Romero), 13 Cal.4th 497 (authorizes trial court discretion to strike or dismiss prior serious/felony convictions in the interest of justice)