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People v. Chavez

California Court of Appeals, Sixth District
Apr 24, 2009
No. H033692 (Cal. Ct. App. Apr. 24, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MARDONIO GAONA CHAVEZ, Defendant and Appellant. H033692 California Court of Appeal, Sixth District April 24, 2009

NOT TO BE PUBLISHED

Santa Clara County Super. Ct. No. CC813994

Bamattre-Manoukian, ACTING P.J.

Defendant Mardonio Gaona Chavez was charged by felony complaint filed August 4, 2008, with possession of methamphetamine for sale (Health & Saf. Code, § 11378) and possession of cocaine for sale (§ 11351).

All further statutory references are to the Health and Safety Code unless otherwise indicated.

The facts underlying the complaint were not included in the record on appeal. In addition, there was no preliminary hearing nor was a probation report prepared in this case.

On November 4, 2008, defendant entered a negotiated guilty plea to both charges on condition that he be granted probation with one year in county jail. After defendant indicated that he wished to be sentenced that same day, the trial court suspended imposition of sentence and granted probation for three years with various terms and conditions, including a one-year jail term. Defendant was awarded a total of 120 days of custody credits and ordered to pay various fines and fees.

Defendant filed a notice of appeal on December 11, 2008, and a second notice of appeal on December 29, 2008.

We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and facts but raises no issue. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

The judgment is affirmed.

WE CONCUR: MCADAMS, J., DUFFY, J.


Summaries of

People v. Chavez

California Court of Appeals, Sixth District
Apr 24, 2009
No. H033692 (Cal. Ct. App. Apr. 24, 2009)
Case details for

People v. Chavez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MARDONIO GAONA CHAVEZ, Defendant…

Court:California Court of Appeals, Sixth District

Date published: Apr 24, 2009

Citations

No. H033692 (Cal. Ct. App. Apr. 24, 2009)