P. v. Hernandez
Filed 10/13/06 P. v. Hernandez CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MARK ANTHONY HERNANDEZ, Defendant and Appellant. |
F049577
(Super. Ct. No. CRF18668)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Tuolumne County. Eleanor Provost, Judge.
Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and . French, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
______________________
*Before Cornell, A.P.J., Gomes, J., and Hill, J.
In case No. CRF18553, appellant, Mark Anthony Hernandez, admitted one count each of driving under the influence with priors and driving with a blood alcohol content of .08 percent or greater with priors. In case No. CRF18668 a jury convicted appellant of second degree murder (Pen. Code § 187). In a separate proceeding, Hernandez admitted an on-bail enhancement (Pen. Code, § 12022.1). On January 11, 2006, in case No. CRF18668, the court sentenced Hernandez to an indeterminate term of 15 years to life on his murder conviction and imposed a two year on-bail enhancement. The court also sentenced appellant to a two-year term on one of his convictions in case No. CRF18553 and a stayed term on his other conviction in that case.
Hernandez’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) However, on October 5, 2006, Hernandez filed a letter raising several issues. We have considered these issues and find there is no merit to any of them.
Further, following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.
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