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P. v. Zamudio-Arriaga CA2/6

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P. v. Zamudio-Arriaga CA2/6
By
12:31:2018

Filed 10/31/18 P. v. Zamudio-Arriaga 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

v.

JAVIER ZAMUDIO-ARRIAGA,

Defendant and Appellant.

2d Crim. No. B289763

(Super. Ct. No. 17CR10354)

(Santa Barbara County)

Javier Zamudio-Arriaga appeals from the judgment entered after his guilty plea to two counts of sale of cocaine (Health & Saf. Code, § 11352, subd. (a)) and one count of possession of cocaine for sale. (Id., § 11351.) Appellant waived his right to a preliminary hearing. Pursuant to a negotiated plea agreement, the trial court suspended the imposition of sentence and placed appellant on probation for five years on condition that he serve 364 days in county jail. The trial court denied appellant’s request for a certificate of probable cause.

We appointed counsel to represent appellant. Counsel filed an opening brief raising no issues and requesting that we independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 443.

On September 4, 2018, we sent to appellant a letter advising him that he had 30 days to personally submit by brief or letter any issues that he wishes this court to consider. He has not responded to our letter.

After examination of the entire record, we are satisfied that counsel has complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at pp. 441-443.) In his notice of appeal, appellant stated that the appeal is based in part on the denial of a motion to suppress evidence under Penal Code section 1538.5. But the record does not show that appellant made this motion.

Disposition

The judgment is affirmed.

NOT TO BE PUBLISHED.

YEGAN, J.

We concur:

GILBERT, P. J.

TANGEMAN, J.

Thomas R. Adams, Judge

Superior Court County of Santa Barbara

______________________________

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

No appearance for Respondent.





Description Javier Zamudio-Arriaga appeals from the judgment entered after his guilty plea to two counts of sale of cocaine (Health & Saf. Code, § 11352, subd. (a)) and one count of possession of cocaine for sale. (Id., § 11351.) Appellant waived his right to a preliminary hearing. Pursuant to a negotiated plea agreement, the trial court suspended the imposition of sentence and placed appellant on probation for five years on condition that he serve 364 days in county jail. The trial court denied appellant’s request for a certificate of probable cause.
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