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People v. Hernandez

California Court of Appeals, Second District, Sixth Division
Sep 22, 2008
No. B207177 (Cal. Ct. App. Sep. 22, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. AMANDA ROSE HERNANDEZ, Defendant and Appellant. 2d Crim No. B207177 California Court of Appeal, Second District, Sixth DivisionSeptember 22, 2008

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Bruce A. Clark, Judge Superior Court County of Ventura Super. Ct. No. 2007041818.

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney, for Defendant and Appellant.

No appearance for Respondent.

YEGAN, J.

Amanda Rose Hernandez appeals from the judgment following her guilty plea to felony unlawful taking/driving a vehicle. (Veh. Code, § 10851, subd. (a).) Pursuant to the negotiated plea, the trial court dismissed a count for carrying a dirk or dagger (Pen. Code, § 12020, subd. (a)(4)), suspended imposition of sentence, and granted probation with 120 days county jail.

On February 1, 2008, after the appeal was filed, the trial court amended the judgment to reflect that appellant was awarded 50 days actual credit (Pen. Code, § 4019, subd. (b)) and 24 days good time credit for a total of 74 days presentence custody credit.

Appellant filed a notice of appeal and a certificate of probable cause (Pen. Code, § 1237.5) alleging, among other things, that she was denied effective assistance of counsel, that the plea was involuntary, that she did not waive her Arbuckle rights (People v. Arbuckle (1978) 22 Cal.3d 749), and that counsel failed to advise her that she had a right to withdraw her plea before sentencing.

The written change of plea agreement and reporter's transcript show that appellant freely, voluntarily and knowingly admitted the felony count, and waived her Arbuckle rights for sentencing. The probation report states that appellant and a passenger were stopped a few hours after the vehicle was reported stolen. Inside the vehicle was a double-bladed knife with a brass knuckle handle, two pocket knives, and a marijuana pipe with residue. Waiving her Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436), appellant admitted taking the vehicle and admitted ownership of the knife.

The trial court denied a motion to reduce the felony offense to a misdemeanor, (Pen. Code, § 17, subd. (b)), suspended imposition of sentence, and granted probation with 120 days jail.

We appointed counsel to represent appellant in this appeal. After counsel’s examination of the record, he filed an opening brief in which no issues were raised.

On August 8, 2008, we advised appellant that she had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received.

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441; People v. Kelly (2006) 40 Cal.4th 106, 126.)

The judgment is affirmed.

We concur: GILBERT, P.J., COFFEE, J.


Summaries of

People v. Hernandez

California Court of Appeals, Second District, Sixth Division
Sep 22, 2008
No. B207177 (Cal. Ct. App. Sep. 22, 2008)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. AMANDA ROSE HERNANDEZ, Defendant…

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

Date published: Sep 22, 2008

Citations

No. B207177 (Cal. Ct. App. Sep. 22, 2008)