People v. Velazco CA5

── People v. Velazco CA5 ── Court: California Court of Appeal Date: June 08, 2026 Category: General Filed 6/5/26 P. v. Velazco CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT THE PEOPLE , F089937, F089939 Plaintiff and Respondent, (Super. Ct. Nos. BF198973A, v. BF199687A) JUAN MIGUEL VELAZCO, OPINION Defendant and Appellant. THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Andrew Kendall, Judge. J. Edward Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- * Before Levy, Acting P. J., Detjen, J. and Harrell, J.  INTRODUCTION Appellant and defendant Juan Miguel Velazco (appellant) pleaded no contest to felony burglary and was placed on probation as part of a negotiated disposition in two cases. He violated the terms and conditions of probation by failing to report to the probation officer as ordered. The trial court found this case constituted his sixth violation of probation, and sentenced appellant to the upper term of six years in prison for first degree burglary. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Appellant did not file a supplemental brief on his own behalf. We affirm. PROCEDURAL BACKGROUND On April 15, 2024, the Kern County District Attorney filed a complaint in Kern County Superior Court case No. BF198973A that charged appellant with committing the following offenses on or about April 1, 2024: count 1, felony vandalism over $400 (Pen. Code,1 § 594, subd. (b)(1)); and count 2, misdemeanor possession of narcotics paraphernalia (Health & Saf. Code, § 11364). As to count 1, it was further alleged there were five aggravating circumstances. (Cal. Rules of Court, rule 4.421(b).) On June 4, 2024, a felony complaint was filed in case No. BF199687A, that charged appellant with committing the following offenses on or about May 31, 2024: count 1, first degree residential robbery (§ 212.5, subd. (a)); and count 2, first degree residential burglary (§ 460, subd. (a)), with two aggravating circumstances (Cal. Rules of Court, rule 4.421(a), (b)). 1 All further statutory citations are to the Penal Code unless otherwise indicated. 2. Plea Hearing and Probation On July 15, 2024, appellant entered pleas in both cases pursuant to a negotiated disposition for probation. In case No. BF198973A, he pleaded no contest to count 1, felony vandalism, and the trial court dismissed count 2, misdemeanor possession of narcotics paraphernalia. In case No. BF199687A, he pleaded no contest to count 2, first degree residential burglary, and the court dismissed count 1, first degree robbery. The court advised appellant that in both cases, he would be placed on probation for two years with a stipulated sentence of one year in ja