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People v. Hernandez

California Court of Appeals, Second District, Fifth Division
Dec 21, 2007
No. B201646 (Cal. Ct. App. Dec. 21, 2007)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JOSE THEODORE HERNANDEZ, Defendant and Appellant. B201646 California Court of Appeal, Second District, Fifth Division December 21, 2007

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of Los Angeles County, Los Angeles County Super. Ct. No. YA066764, James Brandlin, Judge.

David D. Martin, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

KRIEGLER, J.

Defendant and appellant Jose Theodore Hernandez was sentenced on January 18, 2007, to seven years in state prison following his no contest plea to a charge of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, sub d. (a)(1)) and his admission that he personally inflicted great bodily injury upon the victim (Pen. Code, § 12022.7, sub d. (a)). Execution of sentence was suspended, and defendant was placed on formal probation for a period of three years.

After probation was summarily revoked to preserve jurisdiction, a formal probation violation hearing was held on July 19, 2007. Deputy Probation Officer John Manuel testified that defendant had failed to comply with the following probation conditions: report to the probation officer as directed; obey all laws and orders of the court; obey all rules and regulations of the probation department; submit to anti-narcotic testing; register as a narcotics offender; and perform 300 hours of community service. The trial court found defendant in violation of probation based upon his failure to report as directed, appear for drug testing, register as a narcotics offender, and complete community service. The trial court ordered execution of the previously stayed seven-year state prison sentence.

Defendant filed a timely notice of appeal. Counsel was appointed to represent defendant on appeal. Counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues but asking this court to conduct an independent review of the record. On November 15, 2007, defendant was advised of his right to file a supplemental brief within 30 days. No letter has been received from defendant.

Our independent review of the record discloses no arguable appellate issues. The judgment is therefore affirmed.

We concur: TURNER, P. J., ARMSTRONG, J.


Summaries of

People v. Hernandez

California Court of Appeals, Second District, Fifth Division
Dec 21, 2007
No. B201646 (Cal. Ct. App. Dec. 21, 2007)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOSE THEODORE HERNANDEZ…

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

Date published: Dec 21, 2007

Citations

No. B201646 (Cal. Ct. App. Dec. 21, 2007)