legal news


Register | Forgot Password

P. v. Soto

P. v. Soto
03:26:2006

P. v. Soto









Filed 3/24/06 P. v. Soto 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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.


GABRIEL SOTO,


Defendant and Appellant.



B185617


(Los Angeles County


Super. Ct. No. BA282470)



APPEAL from a judgment of the Superior Court of Los Angeles County, Anita H. Dymant, Judge. Affirmed.


Bruce Zucker, under appointment by the Court of Appeal, for Defendant and Appellant.


No appearance for Plaintiff and Respondent.


Gabriel Soto appeals from judgment entered following a court trial in which he was convicted of second degree burglary of a vehicle (Pen. Code, § 459) and attempted grand theft auto (Pen. Code, §§ 664/487, subd. (d)(1)) and the finding that he had suffered one prior felony conviction within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i).) The court granted appellant's motion to strike the prior conviction and he was sentenced to prison for two years. 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 February 9, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


WILLHITE, J.


We concur:


EPSTEIN, P. J. HASTINGS, J.*


Publication courtesy of San Diego pro bono legal advice.


Analysis and review provided by Poway Apartment Manager Attorneys.


* Retired Justice of the Court of Appeal, Second Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.





Description A decision regarding second degree burglary of a vehicle.
Rating
0/5 based on 0 votes.

    Home | About Us | Privacy | Subscribe
    © 2024 Fearnotlaw.com The california lawyer directory

  Copyright © 2024 Result Oriented Marketing, Inc.

attorney
scale