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People v. Hernandez

California Court of Appeals, Second District, Sixth Division
Dec 4, 2008
No. B207813 (Cal. Ct. App. Dec. 4, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent v. CURTIS JAMES HERNANDEZ, Defendant and Appellant. B207813 California Court of Appeal, Second District, Sixth Division December 4, 2008

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Superior Court County of Los Angeles Ct. No. SA064144 Robert P. O'Neill, Judge

Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.

YEGAN, J.

Curtis James Hernandez appeals from the judgment after the trial court found him guilty of second degree robbery of a Subway restaurant. (Pen Code, § 211.) The trial court found that appellant had suffered two prior felony convictions within the meaning of the Three Strikes Law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)–(d)), and granted the prosecution's motion to strike one of the prior strike enhancements. The trial court also found that appellant had suffered two serious felony convictions (§ 667. subd. (a)(1)) and four prior prison terms within the meaning of section 667.5, subdivision (b). At the sentencing hearing, the trial court struck the prior prison term enhancements and sentenced appellant to 20 years state prison. Appellant was ordered to a $200 restitution fine (§ 1202.4, subd. (b)), a $200 parole revocation fine (§ 1202.45), $150 victim restitution (§ 1202. 4, subd. (f)), and a $20 court security fee (§ 1465.8).

Unless otherwise stated, all statutory references are to the Penal Code.

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

On October 3, 2008, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received.

We have examined the entire record and are satisfied that appellant's appointed counsel has fully complied with her responsibilities and that no arguable

issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 124; People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

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


Summaries of

People v. Hernandez

California Court of Appeals, Second District, Sixth Division
Dec 4, 2008
No. B207813 (Cal. Ct. App. Dec. 4, 2008)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent v. CURTIS JAMES HERNANDEZ, Defendant…

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

Date published: Dec 4, 2008

Citations

No. B207813 (Cal. Ct. App. Dec. 4, 2008)