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People v. Marholz

Court of Appeals of California, Second Appellate District, Division Seven.
Nov 20, 2003
B167229 (Cal. Ct. App. Nov. 20, 2003)

Opinion

B167229.

11-20-2003

THE PEOPLE, Plaintiff and Respondent, v. KIM I. MARHOLZ, Defendant and Appellant.

Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


Kim I. Marholz appeals from the April 2, 2003 order denying his petition for a writ of errorcoram nobis. In his petition, filed in superior court March 21, 2003, appellant sought to vacate the judgment and set aside his 1990 negotiated plea of guilty to possession for sale of a controlled substance in the case entitled People v. Kim I. Marholz, Los Angeles Superior Court case No. YA001282. The court sentenced him to the lower term of 16 months in state prison. In his petition, appellant claimed both defense counsel and the trial court failed to provide Boykin/Tahl advisements when he changed his plea from not guilty to guilty. Specifically, he complained of not being advised of "his right to confront his accusers, his right to a trial and his right against compulsory self-incrimination."

We appointed counsel to represent him on appeal.

After examination of the record, counsel filed an "Opening Brief" in which no issues were raised. On September 10, 2003, we advised appellant he had 30 days within which to personally submit any contentions or issues he wished us to consider.

No response has been received to date.

We have examined the entire record and are satisfied appellants attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur: PERLUSS, P. J. WOODS. J. --------------- Notes: Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122.


Summaries of

People v. Marholz

Court of Appeals of California, Second Appellate District, Division Seven.
Nov 20, 2003
B167229 (Cal. Ct. App. Nov. 20, 2003)
Case details for

People v. Marholz

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KIM I. MARHOLZ, Defendant and…

Court:Court of Appeals of California, Second Appellate District, Division Seven.

Date published: Nov 20, 2003

Citations

B167229 (Cal. Ct. App. Nov. 20, 2003)