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People v. Cortes

California Court of Appeals, Second District, Sixth Division
May 31, 2011
2d Crim B226859 (Cal. Ct. App. May. 31, 2011)

Opinion

NOT TO BE PUBLISHED

Superior Court County of Ventura No. 2008022812, Kevin G. DeNoce, Judge

Suzan E. Hier, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


COFFEE, J.

Fernando Garcia Cortes appeals from the judgment entered following his court trial and conviction of possession of methamphetamine for sale and transportation of methamphetamine. (Health & Saf. Code, §§ 11378, 11379, subd. (a).) The trial court also found the special allegation as to each crime that appellant possessed in excess of 28.5 grams of methamphetamine to be true. (Pen. Code., § 1203.073, subd. (b)(2).) The court suspended imposition of sentence, placed appellant on probation for three years, subject to several terms and conditions, including serving a year in county jail. It also imposed fines and fees and awarded Cortes 69 days of presentence credits. Appellant has applied to the trial court for additional days of conduct credits, pursuant to the day-to-day provisions of Penal Code section 4019.

On June 5, 2008, Ventura County Sheriff Department deputies detained appellant. Other deputies searched his truck, pursuant to a warrant. The deputies found more than 60 grams of methamphetamine packaged in bags with amounts varying from less than 1 gram to more than 29 grams. Appellant’s wallet contained $351. After arresting appellant, the deputies searched his home and recovered more than 22 grams of methamphetamine and two digital scales. They also found $2,656 in cash in a pocket of a jacket in his closet.

We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, she filed an opening brief raising no issues. On November 24, 2010, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.

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

DISPOSITION

The judgment is affirmed.

We concur: EGAN, Acting P.J., PERREN, J.


Summaries of

People v. Cortes

California Court of Appeals, Second District, Sixth Division
May 31, 2011
2d Crim B226859 (Cal. Ct. App. May. 31, 2011)
Case details for

People v. Cortes

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. FERNANDO GARCIA CORTES, Defendant…

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

Date published: May 31, 2011

Citations

2d Crim B226859 (Cal. Ct. App. May. 31, 2011)