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People v. Montiel

California Court of Appeals, Fourth District, First Division
Apr 17, 2008
No. D051828 (Cal. Ct. App. Apr. 17, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. CESAR BENJAMIN MONTIEL, Defendant and Appellant. D051828 California Court of Appeal, Fourth District, First Division April 17, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Super. Ct. No. SCD206201

IRION, J.

Cesar Benjamin Montiel entered a negotiated guilty plea to receiving stolen property (Pen. Code, § 496, subd. (a)). The court placed him on three years' probation. Montiel appeals. We affirm.

BACKGROUND

On April 30, 2007, police officers found Montiel in front of a gated condominium complex, sitting among various items including clothes, a vacuum cleaner, trash cans, and opened mail belonging to persons living in the complex. Also included in the mail being opened by Montiel were letters addressed to two residents of an apartment complex located about half a mile from where Montiel was found. Neither addressee had given Montiel permission to have the mail.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, he lists, as possible but not arguable issues, whether the court followed the terms of the plea agreement and whether the denial of the Marsden motion (People v. Marsden (1970) 2 Cal.3d 118), made six weeks before the plea, is a viable appellate issue.

We granted Montiel permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Montiel has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J., HALLER, J.


Summaries of

People v. Montiel

California Court of Appeals, Fourth District, First Division
Apr 17, 2008
No. D051828 (Cal. Ct. App. Apr. 17, 2008)
Case details for

People v. Montiel

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. CESAR BENJAMIN MONTIEL, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Apr 17, 2008

Citations

No. D051828 (Cal. Ct. App. Apr. 17, 2008)