Fear Not Law Articles: P. v. Marine

P. v. Marine

Filed 4/20/07 P. v. Marine CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE,

Plaintiff and Respondent,

KEVIN ANTHONY MARINE,

Defendant and Appellant.

B194451

(Los Angeles County

Super. Ct. No. PA050352)

APPEAL from a judgment of the Superior Court of Los Angeles County, Sanjay T. Kumar, Judge. Affirmed.

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

No appearance for Plaintiff and Respondent.

__________________________________

Kevin Marine appeals from the judgment entered following a contested hearing on violation of probation, which was originally granted in conjunction with defendants negotiated plea of no contest to petty theft with a prior theft-related offense (Pen. Code, 666) and admission of two prior convictions under Penal Code section 667.5, subdivision (b), in return for a suspended sentence of five years in state prison and a grant of probation. The petty theft conviction arose from an incident of January 3, 2005, when defendant entered his brothers residence and took a cell phone. The probation violation was based on an incident of April 1, 2006, when defendant beat up his girlfriend. Upon violation of probation, the previously suspended sentence was imposed.

Defendant appealed and we appointed counsel to represent him. Counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436, 441442.) We then notified defendant by letter that within 30 days he could personally submit any contentions or issues that he wished us to consider. To date, no response has been received.

We have examined the entire record and are satisfied that defendants attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109110; People v. Wende, supra, 25 Cal.3d at p. 441.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

MALLANO, Acting P. J.

We concur:

VOGEL, J.

ROTHSCHILD, J.

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Description	Kevin Marine appeals from the judgment entered following a contested hearing on violation of probation, which was originally granted in conjunction with defendants negotiated plea of no contest to petty theft with a prior theft-related offense (Pen. Code, 666) and admission of two prior convictions under Penal Code section 667.5, subdivision (b), in return for a suspended sentence of five years in state prison and a grant of probation. The petty theft conviction arose from an incident of January 3, 2005, when defendant entered his brothers residence and took a cell phone. The probation violation was based on an incident of April 1, 2006, when defendant beat up his girlfriend. Upon violation of probation, the previously suspended sentence was imposed. Defendant appealed (People v. Wende (1979) 25 Cal.3d 436, 441442.) Court have examined the entire record and are satisfied that defendants attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109110; People v. Wende, supra, 25 Cal.3d at p. 441.) The judgment is affirmed.
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