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People v. Fortune

Court of Appeals of California, Second Appellate District, Division One.
Jul 9, 2003
B161262 (Cal. Ct. App. Jul. 9, 2003)

Opinion

B161262.

7-9-2003

THE PEOPLE, Plaintiff and Respondent, v. SHERRY FORTUNE, Defendant and Appellant.

William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


Defendant Sherry Fortune entered a negotiated plea of no contest to taking a vehicle without the owners consent and using the identity of another to obtain credit, arising from a March 27, 2002 incident in which she and an accomplice purchased a used automobile on credit. Defendant was placed on probation for three years on condition, among others, that she serve 180 days in county jail. She later moved unsuccessfully to withdraw her plea. On defendants request, we appointed counsel to represent her on appeal.

On March 19, 2003, appointed counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436, 441-442, 158 Cal. Rptr. 839, 600 P.2d 1071.) Counsel concurrently filed a motion to augment the record on appeal or alternatively to take judicial notice of certain documents in the trial court file. We have taken judicial notice of those documents. Also on March 19, 2003, we notified defendant by letter that within 30 days she could personally submit any contentions or issues that she wished us to consider. Appointed counsel later made requests on defendants behalf to extend the time to respond to our letter. Those requests were granted, and the most recent extension expired on May 12, 2003. No response has been received to date.

We have examined the entire record and are satisfied that defendants attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)

The judgment is affirmed.

We concur: SPENCER, P. J. VOGEL (MIRIAM A.), J.


Summaries of

People v. Fortune

Court of Appeals of California, Second Appellate District, Division One.
Jul 9, 2003
B161262 (Cal. Ct. App. Jul. 9, 2003)
Case details for

People v. Fortune

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SHERRY FORTUNE, Defendant and…

Court:Court of Appeals of California, Second Appellate District, Division One.

Date published: Jul 9, 2003

Citations

B161262 (Cal. Ct. App. Jul. 9, 2003)