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People v. Rodriguez

California Court of Appeals, Second District, Sixth Division
Jul 21, 2010
No. B219143 (Cal. Ct. App. Jul. 21, 2010)

Opinion

NOT TO BE PUBLISHED

Superior Court County of Los Angeles No. MA045579, Steven D. Ogden, Judge.

Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


PERREN, J.

Jose Rodriguez appeals the judgment entered after he pleaded guilty to possessing a weapon while in custody (Pen. Code, § 4502, subd. (a)) and admitted serving a prior prison term (§ 667.5, subd. (b)). Pursuant to a negotiated plea, the trial court sentenced him to two years in state prison. Appellant was also ordered to pay $400 in restitution pursuant to sections 1202.4 and 1202.45, and a $20 court security fee pursuant to section 1465.8, and was granted two days presentence custody credit. His request for a certificate of probable cause was denied.

All further undesignated statutory references are to the Penal Code.

Because appellant pleaded guilty prior to a preliminary hearing, the relevant facts are derived from the probation report. On December 12, 2008, while appellant was housed at the county jail, he was ordered to relinquish his state-issued security razor. After he complied, it was discovered that the blades had been removed and replaced with aluminum foil. Appellant was found to be in possession of the blades, and complied with the officer’s order to relinquish them.

We appointed counsel to represent appellant in this appeal. After counsel’s examination of the record, she filed an opening brief in which no issues were raised.

On April 26, 2010, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. Appellant did not respond.

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur: GILBERT, P.J., YEGAN, J.


Summaries of

People v. Rodriguez

California Court of Appeals, Second District, Sixth Division
Jul 21, 2010
No. B219143 (Cal. Ct. App. Jul. 21, 2010)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOSE RODRIGUEZ, Defendant and…

Court:California Court of Appeals, Second District, Sixth Division

Date published: Jul 21, 2010

Citations

No. B219143 (Cal. Ct. App. Jul. 21, 2010)