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People v. Haluska

California Court of Appeals, Fourth District, First Division
Feb 15, 2011
No. D057117 (Cal. Ct. App. Feb. 15, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. GREGORY JOHN HALUSKA, Defendant and Appellant. D057117 California Court of Appeal, Fourth District, First Division February 15, 2011

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCS235770, Esteban Hernandez, Judge.

McDONALD, J.

Gregory John Haluska entered a negotiated guilty plea to using the personal identification of another (Pen. Code, § 530.5, subd. (a)), and false personation (Pen. Code, § 529, subd. (3)). The court placed him on three years' probation with 365 days of incarceration in the San Diego County jail. Haluska appeals.

FACTS

Haluska used his brother Richard's personal identification for the purpose of avoiding criminal liability, subjecting Richard to criminal prosecution.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. Counsel mentions as possible, but not arguable, the issue of whether the trial court erred in imposing the sentence. The factual basis for the plea is set forth in the plea change transcript; the transcript of his change of plea shows he was properly advised by the trial court.

We granted Haluska permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues. Haluska has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed. The matter is remanded to the trial court to confirm that the abstract of judgment correctly identifies the defendant as Gregory John Haluska, and if it does not, to correct the abstract of judgment.

WE CONCUR: NARES, Acting P. J., O'ROURKE, J.


Summaries of

People v. Haluska

California Court of Appeals, Fourth District, First Division
Feb 15, 2011
No. D057117 (Cal. Ct. App. Feb. 15, 2011)
Case details for

People v. Haluska

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. GREGORY JOHN HALUSKA, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Feb 15, 2011

Citations

No. D057117 (Cal. Ct. App. Feb. 15, 2011)