P. v. Martinez

Filed 11/29/05 P. v. Martinez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. RUDY JAMES MARTINEZ, Defendant and Appellant.

H028742 (Santa Clara County Super.Ct.No. CC467738)

Defendant, Rudy James Martinez, was charged by information with possession of methamphetamine for sale, a felony (Health & Saf. Code, § 11378), possession of marijuana for sale, a felony (Health & Saf. Code, § 11359), misdemeanor resisting, delaying and obstructing a police officer (Pen. Code, § 148, subd. (a)(1)), felony resisting or delaying an executive officer (Pen. Code, § 69), and misdemeanor battery against a peace officer (Pen. Code, §§ 242-243, subd. (b)). Following the denial of his motion to quash a search warrant and suppress evidence under Penal Code section 1538.5, defendant entered pleas of guilty to possession of methamphetamine for sale, possession of marijuana for sale, and resisting an executive officer. The misdemeanor charges were dismissed. Defendant was placed on probation for three years with various conditions, including a six-month term in county jail which was stayed pending appeal.

Defendant filed a timely notice of appeal based on the denial of his motion to suppress evidence.

Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

The judgment is affirmed.

Duffy, J.

WE CONCUR:

Mihara, Acting, P.J.

McAdams, J.

Courtesy of California Legal Resource Directory, a source for providers and consumers of legal resources. Because we know legal.

Imperial Beach Lawyers are available and standing by to help you.