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People v. Lopez

Court of Appeals of California, First Appellate District, Division Two.
Nov 14, 2003
No. A102452 (Cal. Ct. App. Nov. 14, 2003)

Opinion

A102452.

11-14-2003

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY LOPEZ, Defendant and Appellant.


Timothy Lopez appeals from a judgment of conviction entered upon a plea of nolo contendere. Appellants court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

An amended complaint filed in the consolidated court for Alameda County charged appellant with possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)), possession of a concealed firearm in a vehicle (§ 12025, subd. (a)(1)), carrying a loaded firearm while in a vehicle (& sect; 12031, subd. (a)(1)), possession of ammunition by a felon (& sect; 12316, subd. (b)(1)), and felonious participation in a criminal street gang (§ 186.22, subd. (a)). The complaint further alleged that appellant committed the offenses in furtherance of a criminal street gang, a sentencing enhancement (§ 186.22, subd. (b)(1)). The complaint also alleged that appellant suffered a prior strike (§ 1170.12) and served three prior prison terms, each term the basis for a sentencing enhancement (& sect; 667.5, subd. (b)).

The complaint charged Michael Apodoca, Jose Gonzales and Louis Rodriguez as codefendants.

All statutory references are to the Penal Code.

In a negotiated disposition, appellant pleaded nolo contendere to possession of a firearm by a felon (§ 12021, subd. (a)(1)) and admitted suffering a prior strike (§ 1170.12) with the understanding that the court would sentence him to four years in state prison. The court then granted the prosecutions motion to dismiss the remainder of the complaint.

The court sentenced appellant to the middle term of two years in state prison for possession of a firearm by a felon (§ 12021, subd. (a)(1)) and then doubled the term because of appellants admitted strike (§ 1170.12) to reach the agreed sentence of four years in state prison. The court granted appellant 568 days total presentence credit and ordered him to pay a $500 restitution fine.

Before appellant pleaded nolo contendere, the court advised him of the constitutional rights he would be waiving and the direct consequences of his plea. Appellant expressly waived his constitutional rights and knowingly and voluntarily pleaded nolo contendere and admitted the special allegation.

Appellant was represented by counsel throughout the proceedings.

There was no sentencing error.

There are no issues that require further briefing.

The judgment is affirmed.

We concur: Lambden, J. and Ruvolo, J.


Summaries of

People v. Lopez

Court of Appeals of California, First Appellate District, Division Two.
Nov 14, 2003
No. A102452 (Cal. Ct. App. Nov. 14, 2003)
Case details for

People v. Lopez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY LOPEZ, Defendant and…

Court:Court of Appeals of California, First Appellate District, Division Two.

Date published: Nov 14, 2003

Citations

No. A102452 (Cal. Ct. App. Nov. 14, 2003)