People v. Cruz CA2/6
CourtCalifornia Court of Appeal
Date FiledNovember 9, 2026
DocketB349535
StatusUnpublished
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Full Opinion
Filed 11/9/26 P. v. Cruz CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B349535
(Super. Ct. No. 2024006529)
Plaintiff and Respondent, (Ventura County)
v.
JOHN DAVID CRUZ,
Defendant and Appellant.
Appellant John David Cruz appeals a judgment entered
after a jury convicted him of felony grand theft of merchandise
from a Home Depot store. (Pen. Code, § 487, subd. (a).)
We appointed counsel to represent appellant in this appeal.
His counsel filed a brief under People v. Wende (1979) 25 Cal.3d
436 (Wende), claiming that after reviewing the record he was
unable to find any arguable issues. On August 13, 2026, we sent
notice to appellant regarding his right to file a supplemental brief
within 30 days raising any issues he wanted us to consider. He
did not file a supplemental brief.
Appellant was seen taking merchandise from a Home
Depot store without paying. The total value of the merchandise
was $957 before taxes.
In an information filed June 20, 2025, the Ventura County
District Attorney charged appellant with grand theft (Pen. Code,
§ 487, subd. (a)). The information included special allegations
that appellant had prior convictions, and he was out on probation
when the crime was committed. (Cal. Rules of Court, rule
4.421(b)(2) & (4).) The jury found appellant guilty of grand theft
and appellant admitted the special allegations.
At sentencing, the trial court suspended sentence and
placed appellant on 24 months formal probation and ordered him
to serve 44 days in Ventura County jail with 22 days credit. The
court agreed to reduce appellant’s felony conviction to a
misdemeanor after one year if appellant did not have any
probation violations.
We have reviewed the entire record and are satisfied that
appellant’s counsel has fully complied with his responsibilities
and that no arguable issue exists. (Wende, supra, 25 Cal.3d at p.
443.)
The trial court’s September 29, 2025 judgment is affirmed.
NOT TO BE PUBLISHED.
CODY, P. J.
We concur:
YEGAN, J. BALTODANO, J.
Paul Kawai, Judge
Superior Court County of Ventura
______________________________
Richard Singh Zuniga, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.