Fear Not Law Articles: P. v. Living

P. v. Living

Filed 4/26/07 P. v. Living 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

CHRISTOPHER SEAN LIVING,

Defendant and Appellant.

2d Crim. No. B195462

(Super. Ct. No. 2006016015)

(Ventura County)

Christopher Sean Living appeals from the judgment following his plea of guilty to carjacking. (Pen. Code, 215, subd. (a).)^{^[1]} Pursuant to the written plea agreement, appellant agreed that he could be sentenced up to nine years state prison and acknowledged that "there's no commitment of probation, but it is still possible."

The trial court denied probation and sentenced appellant to the low term of three years state prison. Appellant was ordered to pay a $200 restitution fine ( 1202.4, subd. (b)), a $200 parole revocation fine ( 1202.45), and $700 restitution to the car dealership ( 1202.4, subd. (f)).

Appellant filed a notice of appeal and was granted a certificate of probable cause based on the claim that he did not receive effective assistance of counsel. ( 1237.5.)

We appointed counsel to represent appellant in this appeal. After counsels examination of the record, he filed an opening brief in which no issues were raised.

On March 8, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received.

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 (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

YEGAN, Acting P.J.

We concur:

COFFEE, J.

PERREN, J.

Barry B. Klopfer, Judge

Superior Court County of Ventura

______________________________

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney, for Appellant.

No appearance for Respondent.

Publication courtesy of California pro bono legal advice.

Analysis and review provided by La Mesa Property line attorney.

^{^[1]}All statutory references are to the Penal Code.

Description	Defendant appeals from the judgment following his plea of guilty to carjacking. (Pen. Code, 215, subd. (a).) Pursuant to the written plea agreement, appellant agreed that he could be sentenced up to nine years state prison and acknowledged that "there's no commitment of probation, but it is still possible." The trial court denied probation and sentenced appellant to the low term of three years state prison. Appellant was ordered to pay a $200 restitution fine ( 1202.4, subd. (b)), a $200 parole revocation fine ( 1202.45), and $700 restitution to the car dealership ( 1202.4, subd. (f)). Court 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 (1979) 25 Cal.3d 436, 441.) The judgment is affirmed.
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