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People v. Aguirre

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Jun 30, 2014
H040145 (Cal. Ct. App. Jun. 30, 2014)

Opinion

H040145

06-30-2014

THE PEOPLE, Plaintiff and Respondent, v. JOSE CARMEN ALAVARADO AGUIRRE, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Monterey County

Super. Ct. No. SS131535)

Defendant Jose Carmen Alavarado Aguirre's suppression motion was denied, and he pleaded guilty to possession of a controlled substance (Health & Saf. Code, § 11350) on the condition that he be granted deferred entry of judgment. The court accepted his plea and granted him deferred entry of judgment. Defendant then filed a notice of appeal from the denial of his suppression motion. His appointed counsel filed an opening brief that purported to be authorized under People v. Wende (1979) 25 Cal.3d 436, but he admitted that deferred entry of judgment "is not appealable."

Since there was no appealable order or judgment, we are compelled to dismiss the appeal. In People v. Mazurette (2001) 24 Cal.4th 789 (Mazurette), the defendant's suppression motion was denied, he pleaded no contest, and the court granted deferred entry of judgment. The defendant then appealed, and his appellate counsel filed a Wende brief. (Mazurette, at pp. 791-792.) The Court of Appeal dismissed the appeal, and the California Supreme Court upheld that decision on the ground that there was no appealable order or judgment. (Mazurette, at pp. 793-796.)

The purported appeal is dismissed.

__________

Mihara, J.
WE CONCUR: __________
Premo, Acting P. J.
__________
Elia, J.


Summaries of

People v. Aguirre

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Jun 30, 2014
H040145 (Cal. Ct. App. Jun. 30, 2014)
Case details for

People v. Aguirre

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOSE CARMEN ALAVARADO AGUIRRE…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

Date published: Jun 30, 2014

Citations

H040145 (Cal. Ct. App. Jun. 30, 2014)