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P. v. Gonzalez

P. v. Gonzalez
08:04:2006

P. v. Gonzalez



Filed 8/1/06 P. v. Gonzalez CA1/3







NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



FIRST APPELLATE DISTRICT



DIVISION THREE










THE PEOPLE,


Plaintiff and Respondent,


v.


EFRAIN AGUILERA GONZALEZ,


Defendant and Appellant.



A111879


(Sonoma County


Super. Ct. No. SCR33621)



Appellant pleaded no contest in September 2004 to attempted murder, assault with a deadly weapon and force likely to produce great bodily injury, and active participation in a criminal street gang. He was placed on felony probation for five years with execution of sentence suspended, and deported to Mexico. In March 2005 appellant was rearrested in Sonoma County. After a contested hearing the court denied a defense motion to set aside the no contest plea and found appellant in violation of his probation. The court sentenced appellant to 13 years, 4 months in state prison with total custody credits of 504 days.


Appellant's counsel has filed a brief in accordance with People v. Wende (1979) 25 Cal.3d 436, and asks this court to review the trial court proceedings. We have done so. We agree with counsel that there are no issues that warrant briefing. Appellant was represented by counsel at all stages of the proceedings, the probation revocation proceedings were conducted according to the governing law and procedure, and substantial evidence supports the court's finding that appellant violated the conditions of his probation.[1] Accordingly, we affirm the judgment.


DISPOSITION


The judgment is affirmed.


_________________________


Siggins, J.


We concur:


_________________________


McGuiness, P.J.


_________________________


Parrilli, J.


Publication Courtesy of California lawyer directory.


Analysis and review provided by Escondido Real Estate Attorney.


[1] There are no issues presented by the denial of appellant's motion to withdraw his no contest plea. (Pen. Code, § 1237.5.)





Description A criminal law decision regarding attempted murder, assault with a deadly weapon and force likely to produce great bodily injury and active participation in a criminal street gang.
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