Opinion
2d Crim. No. B203307
4-15-2008
THE PEOPLE, Plaintiff and Respondent, v. JAVIER HERNANDEZ, Defendant and Appellant.
Robert D. Peterson, under appointment by the Court of Appeal, for Appellant. No appearance for Respondent.
NOT TO BE PUBLISHED
Javier Hernandez appeals the judgment entered after he pled guilty to forgery (Pen. Code, § 470, subd. (d)). In exchange for his plea, two other forgery counts were dismissed. He was sentenced to the midterm of two years in state prison and was ordered to pay $28,190.95 victim restitution.
Because Hernandez pled guilty, the facts are derived from the preliminary hearing transcript and probation report. On approximately March 3, 2004, approximately 50 unsigned payroll checks were stolen from a business in Camarillo. Thirty-two of the stolen checks, totaling $28,190.95, were subsequently cashed at six different banks throughout Ventura and Santa Barbara Counties. On or about June 4, 2004, Hernandez was depicted on security videotape cashing four of the checks at three different banks. His fingerprints were recovered from all four checks.
We appointed counsel to represent Hernandez in this appeal. After reviewing the record, counsel filed an opening brief raising no issues and requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On February 7, 2008, we advised Hernandez that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. We received no response.
We have reviewed the entire record and are satisfied that Hernandezs attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende, supra, 25 Cal.3d at p. 441; People v. Kelly (2006) 40 Cal.4th 106, 123-124.)
The judgment is affirmed.
We Concur:
GILBERT, P.J.
YEGAN, J.