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People v. Peralta

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Aug 29, 2013
D062789 (Cal. Ct. App. Aug. 29, 2013)

Opinion

D062789

08-29-2013

THE PEOPLE, Plaintiff and Respondent, v. HECTOR ADOLFO PERALTA, Defendant and Appellant.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super. Ct. No. SCD242299)

APPEAL from a judgment of the Superior Court of San Diego County, Laura W. Halgren, Judge. Affirmed.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Hector A. Peralta pleaded guilty to count 1 in the complaint that charged: "On or about July 28, 2012, he . . . did unlawfully transport and offer to transport a controlled substance, to wit: methamphetamine, in violation of Health and Safety Code section 11379, subdivision (a)." Count 2 was dismissed. He was sentenced to two years to be served in local incarceration pursuant to the plea agreement stipulation.

Peralta appeals. We affirm the judgment.

FACTS

On July 28, 2012, Peralta, with another, personally transported methamphetamine.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. Counsel identifies as a possible, but not arguable, issue: whether the trial court erred by imposing a $154 booking fee pursuant to Government Code section 29550.1 without a finding of ability to pay.

We granted Peralta permission to file a supplemental brief on his own behalf, but he has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues, and Peralta has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

McDONALD, Acting P. J. WE CONCUR: McINTYRE, J. IRION, J.


Summaries of

People v. Peralta

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Aug 29, 2013
D062789 (Cal. Ct. App. Aug. 29, 2013)
Case details for

People v. Peralta

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. HECTOR ADOLFO PERALTA, Defendant…

Court:COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: Aug 29, 2013

Citations

D062789 (Cal. Ct. App. Aug. 29, 2013)