P. v. Battle
Filed 5/15/07 P. v. Battle 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. DAVID A. BATTLE, Defendant and Appellant. | 2d Crim. No. B194834 (Super. Ct. No. YA064258) (Los Angeles County) |
David A. Battle appeals the judgment following his no contest plea to violations of Vehicle Code section 10851, subdivision (a), unlawful driving or taking of a vehicle (count 1); Penal Code section 496d, subdivision (a), receiving a stolen motor vehicle (count 2); Penal Code section 496, subdivision (a), receiving stolen property (counts 3, 7); Penal Code section 12021, subdivision (a)(1), felon in possession of a firearm (count 4); Penal Code section 12280, subdivision (b), possession of an assault weapon (count 5); Penal Code section 12316, subdivision (b)(1), possession of ammunition (count 6); and Penal Code section 538d, subdivision (a), impersonating a police officer (counts 8, 9, 10). Pursuant to Penal Code section 666.5, it was alleged that appellant had prior convictions for violating Vehicle Code section 10851. The service of five prior prison terms was alleged pursuant to Penal Code section 667.5, subdivision (b).
On April 4, 2006, appellant entered pleas of not guilty to all charges and denied the special allegations.
On July 6, 2006, appellant's Marsden[1] motion was denied. Appellant requested and was granted permission to represent himself. A request for a continuance of trial was denied.
On August 8, 2006, appellant executed a guilty plea form in exchange for a sentence of six years six months. He thereafter waived presentence credits and his appeal rights and entered pleas of no contest to counts 1, 3, 4, 6 and 9 and admitted the Penal Code section 666.5 allegations.
He was sentenced to six years six months in prison as follows: count 1‑‑upper term of four years; counts 3, 4 and 6‑‑three consecutive eight-month terms; and count 9‑‑six months consecutive. A $200 restitution fine was imposed A parole revocation fine in the amount of $200 was imposed and suspended. A $20 court security fee was assessed.
While in state prison, appellant executed a notice of appeal. A request for a certificate of probable cause was denied.
We appointed counsel to represent appellant in this appeal. After reviewing the record, counsel filed an opening brief requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On February 28, 2007, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. On March 29, 2007, we received two supplemental letter briefs from appellant stating that he was denied his right to counsel and due process by the court's failure to grant a continuance to prepare a defense. He also asserts he served time in county jail, not in state prison, and he would like the sentence to run concurrent with the state prison sentence or credit for time served.
These contentions are not supported by the record. When appellant entered his no contest plea as to counts 1, 3, 4, 6 and 9, he waived his right to a jury trial and any appellate rights he may have had as to any issue in this case. To the extent he challenges being held in county jail, the claim cannot be resolved on this record. (People v. Kelly (2006) 40 Cal.4th 106, 126.)
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra,25 Cal.3d at p. 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
PERREN, J.
We concur:
GILBERT, P.J.
COFFEE, J.
William R. Hollingsworth, Judge
Superior Court County of Los Angeles
______________________________
John F. Schuck , under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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