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P. v. Saiz

P. v. Saiz
08:04:2006

P. v. Saiz


Filed 8/2/06 P. v. Saiz CA3





NOT TO BE PUBLISHED






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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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


THIRD APPELLATE DISTRICT


(Sutter)


----








THE PEOPLE,


Plaintiff and Respondent,


v.


MIGUEL ENRIQUE SAIZ,


Defendant and Appellant.



C051365



(Super. Ct. No. CRF051841)





Defendant Miguel Enrique Saiz entered a negotiated plea of guilty to deterring an officer with force or violence (Pen. Code, § 69)[1] and to actively participating in a criminal street gang (§ 186.22, subd. (a)) in exchange for no state prison at the outset, and time on the two counts to be served concurrently with each other and with the term imposed for defendant's violation of California Youth Authority (CYA) parole.


The court suspended imposition of sentence and granted probation subject to certain terms and conditions, including one year in county jail with credit for 145 days served, concurrent with any time to be served on the CYA parole violation. Defendant accepted probation on the stated terms and conditions.


Defendant appeals. He did not request a certificate of probable cause. (Pen. Code, § 1237.5.)


We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.


Defendant filed a supplemental letter brief with the following complaints: his public defender did not â€





Description A criminal law decision regarding deterring an officer with force or violence and to actively participate in a criminal street gang.
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