From Casetext: Smarter Legal Research

People v. Acosta

California Court of Appeals, Second District, Eighth Division
Mar 21, 2008
No. B197751 (Cal. Ct. App. Mar. 21, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. EDWIN ACOSTA, Defendant and Appellant. B197751 California Court of Appeal, Second District, Eighth Division March 21, 2008

NOT TO BE PUBLISHED

Appeal from a judgment of the Superior Court of Los Angeles County. Super. Ct. No. BA301148 Peter Espinoza, Judge.

William Flenniken, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

EGERTON, J.

Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Edwin Acosta appeals from judgment entered after conviction following his negotiated plea of no contest to possession of methamphetamine. Defense counsel stipulated to a factual basis for the plea. The court sentenced Acosta to the agreed term of 16 months running concurrently with his sentence in Case No. BA301881.

The appellate record contains no probation report, and Acosta waived a preliminary hearing.

We appointed counsel to represent appellant on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record. On November 14, 2007, we advised Acosta he had 30 days within which to personally submit any contentions or issues he wished us to consider. To date, we have received no response.

Acosta’s no contest plea and failure to apply for and obtain a certificate of probable cause limit the potential scope of his appeal to “grounds that arose after entry of the plea and do not affect the plea’s validity” and/or “the denial of a motion to suppress evidence under Penal Code section 1538.5.” (Pen. Code, § 1237.5, Cal. Rules of Court, rule 8.304(b).) We have examined the entire record and have not found any arguable issues. (People v. Wende (1979) 25 Cal.3d 436, 441.)

DISPOSITION

The judgment is affirmed.

We concur: RUBIN, Acting P. J. FLIER, J.


Summaries of

People v. Acosta

California Court of Appeals, Second District, Eighth Division
Mar 21, 2008
No. B197751 (Cal. Ct. App. Mar. 21, 2008)
Case details for

People v. Acosta

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. EDWIN ACOSTA, Defendant and…

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

Date published: Mar 21, 2008

Citations

No. B197751 (Cal. Ct. App. Mar. 21, 2008)