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People v. Santos

California Court of Appeals, Sixth District
Apr 4, 2008
No. H031558 (Cal. Ct. App. Apr. 4, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ERIK SANTOS, Defendant and Appellant. H031558 California Court of Appeal, Sixth District April 4, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

Santa Clara County Super. Ct. No. CC514830

Rushing, P.J.

Defendant, Erik Santos appeals from a judgment entered after he pleaded no contest to five counts of lewd and lascivious acts on a child (Pen. Code, § 288, subd. (b)(1).) On January 26, 2007, pursuant to a plea agreement, the trial court sentenced the defendant to a 40 year determinate term.

On March 9, 2007, the defendant filed a notice of appeal challenging the validity of the plea and requesting a certificate of probable cause. However, trial counsel failed to state any legal grounds for seeking the certificate, so on March 19, the trial court denied the certificate of probable cause and deemed the appeal inopperative. Thereafter, on April 24, 2007, the defendant, on his own, attempted to file another notice of appeal and request for certificate of probable cause alleging that there was no admissible evidence against him and that his plea was not knowing or intelligent because the trial judge had threatened him with lethal injection if he did not plead guilty. The trial court rejected this notice of appeal and request for certificate of probable cause as untimely.

After defendant sought and was granted relief in this court for his failure to file a timely notice of appeal, appellate counsel filed a notice of appeal based on the sentence or other matters occurring after the plea, but not challenging the validity of the plea. Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from defendant.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

Disposition

The judgment is affirmed.

WE CONCUR: PREMO, J., ELIA, J.


Summaries of

People v. Santos

California Court of Appeals, Sixth District
Apr 4, 2008
No. H031558 (Cal. Ct. App. Apr. 4, 2008)
Case details for

People v. Santos

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ERIK SANTOS, Defendant and…

Court:California Court of Appeals, Sixth District

Date published: Apr 4, 2008

Citations

No. H031558 (Cal. Ct. App. Apr. 4, 2008)