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People v. Martinez

Court of Appeals of California, First Appellate District, Division One.
Nov 17, 2003
A103440 (Cal. Ct. App. Nov. 17, 2003)

Opinion

A103440.

11-17-2003

THE PEOPLE, Plaintiff and Respondent, v. JOHANNA MELISSA MARTINEZ, Defendant and Appellant.


Johanna Martinez 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.

A complaint filed in the consolidated court for Alameda County charged appellant with grand theft (Pen. Code, § 487, subd. (a)) and second degree burglary (§ 459).

In a negotiated disposition, appellant pleaded nolo contendere to grand theft (§ 487, subd. (a)) with the understanding that the court would grant the prosecutions motion to dismiss the remaining count (§ 459) and place appellant on probation.

The court suspended imposition of sentence for a period of five years on the condition, inter alia, that appellant serve thirty-two days in the county jail. The court granted appellant two days total presentence credit and ordered her to pay a $200 restitution fine.

Before appellant entered her plea, the court advised her of the constitutional rights she would be waiving and the direct consequences of her plea. Appellant expressly waived her constitutional rights and knowingly and voluntarily pleaded nolo contendere.

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: Marchiano, P. J., and Margulies, J. --------------- Notes: All statutory references are to the Penal Code.


Summaries of

People v. Martinez

Court of Appeals of California, First Appellate District, Division One.
Nov 17, 2003
A103440 (Cal. Ct. App. Nov. 17, 2003)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOHANNA MELISSA MARTINEZ…

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

Date published: Nov 17, 2003

Citations

A103440 (Cal. Ct. App. Nov. 17, 2003)