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P. v. Alejo

P. v. Alejo
09:24:2007



P. v. Alejo



Filed 9/18/07 P. v. Alejo 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,



Plaintiff and Respondent,



v.



AUGUSTINE ALEJO,



Defendant and Appellant.



2d Crim. No. B197054



(Super. Ct. No. NA069680-01



(Los Angeles County)



Augustine Alejo appeals a judgment of conviction entered after he expressly waived his constitutional rights and pleaded nolo contendere to second degree robbery, and admitted allegations of prior serious felony strike convictions and service of prior prison terms. (Pen. Code, 211, 667, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), & 667.5, subd. (b).)[1] Alejo received a negotiated sentence of 16 years, consisting of a 5-year upper term for second degree robbery (doubled), a 5-year enhancement pursuant to section 667, subdivision (a), and a one-year enhancement pursuant to section 667.5, subdivision (b). The trial court awarded Alejo presentence custody credits of 282 days. It also imposed a $200 restitution fine and a $200 stayed parole revocation restitution fine. ( 1202.4, subd. (b) & 1202.45.) The trial court dismissed a remaining count of grand theft from a person, strike allegations, and prior prison term allegations charged in the information.



We appointed counsel to represent Alejo in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.



On August 1, 2007, we advised Alejo that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response from him.



We have reviewed the entire record and are satisfied that Alejo's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)



The judgment is affirmed.



NOT TO BE PUBLISHED.



GILBERT, P.J.



We concur:



COFFEE, J.



PERREN, J.




Arthur Jean, Jr., Judge



Superior Court County of Los Angeles



______________________________



Alan Siraco, under appointment by the Court of Appeal, for Defendant and Appellant.



No appearance for Plaintiff and Respondent.



Publication courtesy of San Diego pro bono legal advice.



Analysis and review provided by Poway Property line Lawyers.







[1] All further statutory references are to the Penal Code.





Description Augustine Alejo appeals a judgment of conviction entered after he expressly waived his constitutional rights and pleaded nolo contendere to second degree robbery, and admitted allegations of prior serious felony strike convictions and service of prior prison terms. (Pen. Code, 211, 667, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), & 667.5, subd. (b).)[1] Alejo received a negotiated sentence of 16 years, consisting of a 5-year upper term for second degree robbery (doubled), a 5-year enhancement pursuant to section 667, subdivision (a), and a one-year enhancement pursuant to section 667.5, subdivision (b). The trial court awarded Alejo presentence custody credits of 282 days. It also imposed a $200 restitution fine and a $200 stayed parole revocation restitution fine. ( 1202.4, subd. (b) & 1202.45.) The trial court dismissed a remaining count of grand theft from a person, strike allegations, and prior prison term allegations charged in the information.
Court have reviewed the entire record and are satisfied that Alejo's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.) The judgment is affirmed.

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