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People v. Lamarche

California Court of Appeals, Third District, Placer
Sep 9, 2008
No. C058500 (Cal. Ct. App. Sep. 9, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JAMES STEPHEN LAMARCHE, Defendant and Appellant. C058500 California Court of Appeal, Third District, Placer September 9, 2008

NOT TO BE PUBLISHED

Super. Ct. No. 62-072998

ROBIE, J.

Following his plea of no contest to one count of forgery and his admission of a prior prison term, defendant James Stephen Lamarche was sentenced to the low term of 16 months plus an additional year for the prison prior. Defendant now appeals that sentence. Defendant did not seek a certificate of probable cause.

At approximately 4:00 a.m. on August 19, 2007, defendant tried to cash a $359.27 payroll check at the Thunder Valley Casino. Various aspects of the check made the cashier suspicious about its validity, and accordingly she refused to cash it. Defendant returned to the cashier window about three hours later and tried to cash a $374.12 check with the same cashier. As the two checks were similar, the cashier contacted casino security.

A Placer County Sheriff’s Deputy ultimately responded to the scene. After defendant was Mirandized, he admitted he attempted to cash both checks at the casino and was arrested.

Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694].

Defendant was charged with two counts of felony forgery. It was further alleged defendant had served a prior prison term. Defendant pled no contest to a felony count of forgery and admitted he had served a prior prison term for first degree residential burglary. The other forgery count was dismissed with a Harvey waiver. After reading and considering the probation report, the court sentenced defendant to the low term of 16 months on the forgery conviction, with an additional consecutive one-year term on the prior prison enhancement.

People v. Harvey (1979) 25 Cal.3d 754.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: MORRISON, Acting P.J., CANTIL-SAKAUYE, J.


Summaries of

People v. Lamarche

California Court of Appeals, Third District, Placer
Sep 9, 2008
No. C058500 (Cal. Ct. App. Sep. 9, 2008)
Case details for

People v. Lamarche

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JAMES STEPHEN LAMARCHE, Defendant…

Court:California Court of Appeals, Third District, Placer

Date published: Sep 9, 2008

Citations

No. C058500 (Cal. Ct. App. Sep. 9, 2008)