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People v. Nunez

Court of Appeals of California, Fifth Appellate District.
Oct 23, 2003
F042080 (Cal. Ct. App. Oct. 23, 2003)

Opinion

F042080.

10-23-2003

THE PEOPLE, Plaintiff and Respondent, v. MARIA NUNEZ, Defendant and Appellant.

Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and Carlos A. Martinez, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

THE COURT

On April 5, 1999, appellant Maria Nunez pled nolo contendere to one count of welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)(1)). The prosecution agreed to dismiss five counts of perjury (Pen. Code, § 118) and one count of submitting false statements to receive health care (Welf. & Inst. Code, § 14014, subd. (a)). On September 20, 1999, Nunez failed to appear for sentencing. Nunez was eventually picked up on an arrest warrant and was sentenced on November 7, 2002, to prison for the two-year midterm. The court imposed a restitution fine, ordered victim restitution of $63,190.64, and granted Nunez applicable custody credits.

Nunezs appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court independently to review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Nunez was advised she could file her own brief with this court. By letter of May 8, 2003, we invited Nunez to submit additional briefing. To date, she has not done so.

After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.

The judgment is affirmed. --------------- Notes: Before Vartabedian, A.P.J., Levy, J., and Dawson, J.


Summaries of

People v. Nunez

Court of Appeals of California, Fifth Appellate District.
Oct 23, 2003
F042080 (Cal. Ct. App. Oct. 23, 2003)
Case details for

People v. Nunez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MARIA NUNEZ, Defendant and…

Court:Court of Appeals of California, Fifth Appellate District.

Date published: Oct 23, 2003

Citations

F042080 (Cal. Ct. App. Oct. 23, 2003)