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People v. Ortega

California Court of Appeals, First District, Fourth Division
Mar 19, 2008
No. A119959 (Cal. Ct. App. Mar. 19, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ALEXANDER ORTEGA, Defendant and Appellant. A119959 California Court of Appeal, First District, Fourth Division March 19, 2008

NOT TO BE PUBLISHED

Solano County Super. Ct. No. FCR238135

Reardon, Acting P.J.

Appellant Michael Alexander Ortega entered a no contest plea to possessing a controlled substance (methamphetamine) (Health & Saf. Code, § 11377, subd. (a)) and admitted a state prison prior (Pen. Code, § 667.5, subd. (b)). He was granted Proposition 36 probation. (Pen. Code, § 1210.1.) Thereafter, appellant admitted three drug-related violations of probation, and Proposition 36 probation was terminated. He was reinstated on regular probation on the condition he serve 365 days in county jail. Upon release, probation would be terminated unsuccessfully. The appeal purports to be based “on the sentence or other matters occurring after the plea.” The sentence of 365 days in the county jail has presumably been served and appellant’s probation terminated.

Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.

Appellant was represented throughout the proceedings by counsel. His no contest plea was validly entered. His reinstatement on probation was not an abuse of discretion and, in any event, appellant did not suffer any prejudice by avoiding a state prison sentence through reinstatement of probation. The record fails to disclose any meritorious issues.

Judgment affirmed.

We concur: Sepulveda, J., Rivera, J.


Summaries of

People v. Ortega

California Court of Appeals, First District, Fourth Division
Mar 19, 2008
No. A119959 (Cal. Ct. App. Mar. 19, 2008)
Case details for

People v. Ortega

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ALEXANDER ORTEGA…

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

Date published: Mar 19, 2008

Citations

No. A119959 (Cal. Ct. App. Mar. 19, 2008)