P.
v. Jordan
Filed 9/13/10 P. v. Jordan CA2/8
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
EIGHT
THE PEOPLE,
Plaintiff and Respondent,
v.
JONTAY JORDAN,
Defendant and Appellant.
B222489
(Los Angeles
County
Super. Ct.
No. BA363247)
APPEAL
from a judgment of the Superior Court
of Los Angeles
County. Patricia M. Schnegg,
Judge. Affirmed.
Richard
L. Fitzer, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
* *
* * * * * * * *
Defendant
and appellant Jontay Jordan
was charged by information with one count of receiving stolen property (Pen. Code, §
496, subd. (a)), as well as special allegations concerning prior offenses (Pen.
Code, §§ 667.5, subd. (b), and 1203, subd. (e)(4)).[1] Following the preliminary hearing and denial
of his motion to suppress under Penal
Code section 1538.5, defendant withdrew his guilty plea and pled no
contest. Pursuant to the plea agreement
accepted by the court, defendant was sentenced to the upper term of three
years, with the sentence suspended and defendant placed on probation on
condition of serving one year in county jail.
Defendant was awarded total presentence custody credits of 132 days and
ordered to pay various fines and fees.
Defendant did not obtain a
certificate of probable cause but did file a timely notice of appeal, as well
as an amended notice of appeal identifying
one appellate issue that does not require a certificate of probable cause,
challenging the denial of his motion to suppress. We appointed appellate counsel to represent
him. Appointed counsel filed a brief
pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) in which no issues were raised. The brief included a declaration from counsel
that he reviewed the record and sent a letter to defendant explaining his
evaluation of the record. Counsel
further declared that he advised defendant of his right, under
within 30 days.
Defendant did not file any supplemental brief with the court. However, we note for the record that
counsel's declaration, attached to the Wende
brief, states the notices sent to defendant were returned from his last known
address as â€
| Description | Defendant and appellant Jontay Jordan was charged by information with one count of receiving stolen property (Pen. Code, § 496, subd. (a)), as well as special allegations concerning prior offenses (Pen. Code, §§ 667.5, subd. (b), and 1203, subd. (e)(4)).[1] Following the preliminary hearing and denial of his motion to suppress under Penal Code section 1538.5, defendant withdrew his guilty plea and pled no contest. Pursuant to the plea agreement accepted by the court, defendant was sentenced to the upper term of three years, with the sentence suspended and defendant placed on probation on condition of serving one year in county jail. Defendant was awarded total presentence custody credits of 132 days and ordered to pay various fines and fees. |
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