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People v. Emery

California Court of Appeals, Second District, Sixth Division
Jun 1, 2009
2d Crim. B210715 (Cal. Ct. App. Jun. 1, 2009)

Opinion

NOT TO BE PUBLISHED

Superior Court County of Los Angeles No. KA081084 Wade Olson, Judge

Roberta Simon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.


YEGAN, J.

Gerald D. Emery appeals from the judgment following a nolo contendre plea to carrying a dirk and dagger (Pen. Code, § 12020, subd. (a)(4)) and admission that he suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 667, subds. (b) – (i); 1170.12, subds. (a) – (d)). Pursuant to the negotiated plea, the trial court sentenced appellant to four years state prison with 328 days presentence custody credit. Appellant was ordered to pay a $200 restitution fine (§ 1202.4, subd. (b)), a $200 parole revocation fine (§ 1202.45), and a $20 court security fee (§ 1465.8).

All statutory references are to the Penal Code.

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 15, 2008, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response from appellant.

We have reviewed the 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, 443; People v. Kelly (2006) 40 Cal.4th 106, 125-126.)

The judgment is affirmed.

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


Summaries of

People v. Emery

California Court of Appeals, Second District, Sixth Division
Jun 1, 2009
2d Crim. B210715 (Cal. Ct. App. Jun. 1, 2009)
Case details for

People v. Emery

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. GERALD D. EMERY, Defendant and…

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

Date published: Jun 1, 2009

Citations

2d Crim. B210715 (Cal. Ct. App. Jun. 1, 2009)