P. v. Foster
Filed 4/13/06 P. v. Foster CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. RAYMOND FOSTER, Defendant and Appellant. | B186105 (Los Angeles County Super. Ct. No. VA087878) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
William Birney, Judge. Dismissed.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_________________________
Raymond Foster appeals the judgment entered after conviction following his plea of no contest to carrying a concealed firearm. (Pen. Code, § 12025, subd. (a)(2).) Pursuant to a plea bargain, the trial court sentenced Foster to a term of 16 months in state prison.
We appointed counsel to represent Foster on this appeal. After examination of the record, counsel sought and obtained an order in the trial court correcting Foster's presentence custody credit and thereafter filed an opening brief which raised no issues and requested this court to conduct an independent review of the record.
On February 6, 2006, the clerk of this court mailed Foster a notice directing him to submit any contention, ground of appeal or argument he wished this court to consider within 30 days. The notice was returned to this court undeliverable due to Foster's parole. Foster has not corresponded with this court regarding a change of address or otherwise.
We have examined the entire record and are satisfied Foster's counsel has complied fully with counsel's responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284 [145 L.Ed.2d 756]; People v. Wende (1979) 25 Cal.3d 436, 443.) Because Foster pleaded no contest and failed to obtain a certificate of probable cause, the appeal must be dismissed as inoperative. (In re Chavez (2003) 30 Cal.4th 643, 649-651; People v. Mendez (1999) 19 Cal.4th 1084, 1096-1097; Pen. Code, § 1237.5.)
DISPOSITION
The appeal is dismissed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
KLEIN, P.J.
We concur:
KITCHING, J. ALDRICH, J.
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