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P. v. Valenzuela

P. v. Valenzuela
10:30:2006

P. v. Valenzuela




Filed 10/17/06 P. v. Valenzuela CA2/4







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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











THE PEOPLE,


Plaintiff and Respondent,


v.


JAIME VALENZUELA,


Defendant and Appellant.



B191406


(Los Angeles County


Super. Ct. No. PA054107)



APPEAL from a judgment of the Superior Court of Los Angeles County, Shari K. Silver, Judge. Affirmed.


John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.


No appearance for Plaintiff and Respondent.


Jaime Valenzuela appeals from judgment entered following his no contest plea to count 1, possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Pursuant to the negotiated plea, he was sentenced to prison for the upper term of three years.[1] He requested but was denied a certificate or probable cause.


After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.


On August 28, 2006, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.


We have examined the entire record and are satisfied that no arguable issues exist and that appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278.)


DISPOSITION


The judgment is affirmed.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


SUZUKAWA, J.


We concur:


EPSTEIN, P.J.


WILLHITE, J.


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[1] Defendant was also charged with three prior prison terms within the meaning of Penal Code section 667.5, subdivision (b) and one prior serious or violent felony within the meaning of the Three Strikes law (Pen. Code, §§ 1170.12, subds. (a) -- (d) and 667, subds. (b) -- (i)). Defendant was allowed to plead to count 1 only, but the trial court did nothing with the remaining prior allegations. They were neither dismissed nor stricken.





Description Defendant appeals from judgment entered following his no contest plea possession of a controlled substance, methamphetamine. Pursuant to the negotiated plea, he was sentenced to prison for the upper term of three years. Defendant requested the court independently review the record. Judgment Affirmed. br />
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