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People v. Garza

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Jun 4, 2019
F077910 (Cal. Ct. App. Jun. 4, 2019)

Opinion

F077910

06-04-2019

THE PEOPLE, Plaintiff and Respondent, v. JORGE LUIS GARZA, Defendant and Appellant.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. F18902439)

OPINION

THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Michael G. Idiart, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

Before Levy, Acting P.J., Smith, J. and DeSantos, J. --------

-ooOoo-

Appointed counsel for defendant Jorge Luis Garza asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

On April 10, 2018, at about 1:00 a.m., police officers were dispatched regarding a prowler. They responded and found defendant very intoxicated. He was arrested and taken to the police department. He was uncooperative and made threatening comments.

On May 14, 2018, defendant pled no contest to resisting an officer (Pen. Code, § 69) and admitted a prior prison term allegation (Pen. Code, § 667.5, subd. (b)), in exchange for two years in custody.

On June 18, 2018, the trial court sentenced defendant to two years in county jail and dismissed the prior prison term allegation. The court also imposed a concurrent two-year term in another case, awarded custody credits, and imposed various fines and fees.

On August 9, 2018, defendant filed a notice of appeal.

Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.


Summaries of

People v. Garza

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Jun 4, 2019
F077910 (Cal. Ct. App. Jun. 4, 2019)
Case details for

People v. Garza

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JORGE LUIS GARZA, Defendant and…

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

Date published: Jun 4, 2019

Citations

F077910 (Cal. Ct. App. Jun. 4, 2019)