Fear Not Law Articles: P. v. Ortiz

P. v. Ortiz

Filed 1/10/07 P. v. Ortiz CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 SEVEN

THE PEOPLE,

Plaintiff and Respondent,

BALDOMERO ORTIZ,

Defendant and Appellant.

B191505

(Los Angeles County

Super. Ct. No. VA083757)

APPEAL from an order of the Superior Court of Los Angeles County.

Michael A. Cowell, Judge. Affirmed.

Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

______________________________

On July 6, 2004, Baldomero Ortiz was charged by felony complaint with one count of grand theft auto, one count of unlawfully driving or taking a vehicle, and one count of misdemeanor hit and run driving (Pen. Code, § 487, subd. (d); Veh. Code, §§ 10851, subd. (a), 20002, subd. (a)). On July 13, 2004, represented by counsel, Ortiz pleaded guilty to count 1, grand theft auto. During the colloquy at the plea hearing the court advised Ortiz, â€

Description	On July 6, 2004, defendant was charged by felony complaint with one count of grand theft auto, one count of unlawfully driving or taking a vehicle, and one count of misdemeanor hit and run driving (Pen. Code, S 487, subd. (d); Veh. Code, SS 10851, subd. (a), 20002, subd. (a)). On July 13, 2004, represented by counsel, Ortiz pleaded guilty to count 1, grand theft auto. During the colloquy at the plea hearing the court advised Ortiz, "[I]f you are not a citizen of the United States, your conviction in [sic] this offense today will result in your deportation, exclusion from admission to the United States, denial of naturalization." Following his guilty plea, the court suspended imposition of sentence and placed Oritz on three years of formal probation. Defendant did not appeal. Court have examined the entire record, including the record of defendant's plea hearing and are satisfied defendant's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277 - 284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (Nov. 27, 2006, S133114) ___ Cal.4th ___; People v. Wende (1979) 25 Cal.3d 436, 441.). Court affirm.
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