P. v. Durante
Filed 4/17/06 P. v. Durante CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. EDWARD ANDREW DURANTE, Defendant and Appellant. |
A111736
(San Francisco County Super. Ct. No. 174828-01)
|
Appellant Edward Andrew Durante appeals from his conviction, following a plea of guilty, on five counts charging violations of the seller assisted marketing laws. (Civ. Code, § 1812.217.) His appellate counsel has raised no issues on appeal, and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) We find no errors or other issues requiring further briefing, and affirm.
On July 23, 1997, a felony complaint was filed, charging appellant with 49 counts alleging violations of the seller assisted marketing laws (Civ. Code, § 1812.217) or grand theft. (Pen. Code, § 487, subd. (a).)
On August 16, 2005, appellant agreed to the terms of a negotiated disposition, whereby he would plead guilty to five of the counts, while all the other counts would be dismissed. Appellant would receive a total prison sentence of four years, to be served concurrently with a federal prison sentence he is presently serving.
Appellant properly waived his rights at the time he entered his plea of guilty.
Appellant was represented by counsel throughout the proceedings. There was no error in the sentence imposed, which was in accord with the plea bargain. Appellant received due process and a fair hearing, and we find no legal issues that require further briefing.
DISPOSITION
The judgment of conviction is affirmed.
REARDON, J.*
We concur.
JONES, P. J.
GEMELLO, J.
Publication courtesy of California pro bono legal advice.
Analysis and review provided by La Mesa Apartment Manager Attorneys.
* Judge of the Superior Court of Alameda County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
