P. v. Pashell
Filed 10/2/06 P. v. Pashell CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE
| THE PEOPLE, Plaintiff and Respondent, v. JIMMY DEL PASHELL, JR., Defendant and Appellant. | B191261 (Los Angeles County Super. Ct. No. TA082190) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
John J. Cheroske, Judge. Dismissed.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_________________________
Jimmy del Pashell, Jr., appeals the judgment entered following his plea of no contest to robbery with the personal use of a firearm. (Pen. Code, §§ 211, 12022.53, subd. (b).) Pursuant to a plea bargain, Pashell also admitted a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). In exchange, the trial court sentenced Pashell to a total term of 12 years consisting of the low term of 2 years for robbery, plus 10 years for the personal use of a firearm.
We appointed counsel to represent Pashell on this appeal. After examination of the record, counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record. By notice filed August 22, 2006, the clerk of this court advised Pashell to submit any contention, ground of appeal or argument he wished this court to consider within 30 days. No response has been received to date.
We have examined the entire record and are satisfied Pashell’s counsel has complied fully with counsel’s responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284 [145 L.Ed.2d 756]; People v. Wende (1979) 25 Cal.3d 436, 443.) However, because Pashell pleaded no contest and failed to obtain a certificate of probable cause, the appeal must be dismissed as inoperative. (In re Chavez (2003) 30 Cal.4th 643, 649-651; People v. Mendez (1999) 19 Cal.4th 1084, 1094-1099; Pen. Code, § 1237.5.)
DISPOSITION
The appeal is dismissed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
KLEIN, P. J.
We concur:
CROSKEY, J. KITCHING, J.
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