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People v. Hernandez

California Court of Appeals, Fourth District, First Division
Apr 4, 2008
No. D051504 (Cal. Ct. App. Apr. 4, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JOSE A. HERNANDEZ, Defendant and Appellant. No. D051504 California Court of Appeal, Fourth District, First Division April 4, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County Super. Ct. No. SCD205980., Peter C. Deddeh, Judge.

McDONALD, J.

Jose A. Hernandez entered a negotiated guilty plea to possessing marijuana for sale (Health & Saf. Code, § 11359) and admitted a prior strike conviction allegation (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, 668). The court sentenced him to prison for a stipulated term of 32 months (twice the lower term). Hernandez appeals. We affirm.

BACKGROUND

Hernandez knowingly possessed marijuana intended for sale. The prior strike conviction was a 1992 conviction of armed robbery.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. She 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. Pursuant to Anders v. California (1967) 386 U.S. 738, she lists, as possible but not arguable issues, whether Hernandez's guilty plea and waiver of his appellate rights are constitutionally valid and whether he was properly advised he would receive a 32-month prison term according to the plea agreement.

We granted Hernandez 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, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Hernandez has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: BENKE, Acting P. J. IRION, J.


Summaries of

People v. Hernandez

California Court of Appeals, Fourth District, First Division
Apr 4, 2008
No. D051504 (Cal. Ct. App. Apr. 4, 2008)
Case details for

People v. Hernandez

Case Details

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

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

Date published: Apr 4, 2008

Citations

No. D051504 (Cal. Ct. App. Apr. 4, 2008)