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P. v. Matthews

P. v. Matthews
09:13:2013




P




 

P. v. Matthews

 

 

 

 

 

 

 

 

 

Filed 9/5/13  P. v. Matthews CA2/5















>NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS



 

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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
FIVE

 

 
>






THE PEOPLE,

 

            Plaintiff and Respondent,

 

            v.

 

MARKEISE MATTHEWS,

 

            Defendant and Appellant.

 


      B246278

 

      (Los Angeles
County

      Super. Ct.
No. YA085700)


 

 

            APPEAL from
a judgment of the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Los Angeles
County, Victor L. Wright, Judge.  Affirmed.

            Richard B.
Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

            No
appearance for Plaintiff and Respondent.

 

 

>

            Defendant,
Markeise Matthews, appeals after he pled orally and in writing no contest to a
single kidnapping count.  (Pen. Codehref="#_ftn1" name="_ftnref1" title="">>[1],
§ section 207, subd. (a).)  Eight other
felony counts were dismissed pursuant to the href="http://www.fearnotlaw.com/">plea agreement.  He was sentenced to prison for eight years
with total presentence credits of 71 days and the following was also
imposed:  a $240 section 1202.4,
subdivision (b)(1) restitution fine; a section 1202.45, subdivision (a) $240
parole restitution fine; a $40 section 1465.8, subdivision (a)(1) court
security fee; and a $30 Government Code section 70373, subdivision (a(1)
criminal conviction assessment.  

            The
probation report indicates that on September
26, 2012, defendant accosted a 17-year-old victim in a doctor’s
office, forced her into a car and drove her away.  On another occasion, October 8, 2012, he threatened to kill the victim
and her family.  After school on October 8, 2012, once again, he
accosted the victim and forced her into a car driving her away against her
will.  On this occasion, defendant used a
knife.  On October 9, 2012, defendant threatened the victim with a
knife.  The victim then finally notified
the police. 

            We
appointed counsel to represent
defendant.  After examination of the
record, appellate counsel has filed a brief in which no issues are raised.  Instead, appointed counsel has asked us to
independently review the entire record on appeal pursuant to name=SearchTerm>People
v. Wende
(1979) 25 Cal.3d 436, 441-442. 
(See Smith v. Robbins (2000) 528 U.S. 259, 264.)  We advised defendant he had 30 days within
which to submit by brief or letter any contentions or argument he wished us to
consider. No response has been received. 
We have examined the entire record in accordance with name="SR;399">People v. Wende, supra, 25
Cal.3d at pages 441-442.  Neither
appointed counsel nor defendant has identified any issue for our review.  We agree with appointed appellate counsel
that no arguable issue exists on appeal.

 

 

            The
judgment is affirmed.

                                                NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS

 

 

                                                TURNER,
P. J.

 

 

We concur:

 

 

            MOSK, J.

 

 

            KUMAR, J.href="#_ftn2" name="_ftnref2" title="">*





id=ftn1>

href="#_ftnref1"
name="_ftn1" title="">            [1]  Unless
otherwise noted, all future statutory references are to the Penal Code.

id=ftn2>

href="#_ftnref2" name="_ftn2" title="">*           Judge of the Los Angeles Superior
Court, assigned by the Chief Justice pursuant to article VI, section 6 of the
California Constitution.









Description Defendant, Markeise Matthews, appeals after he pled orally and in writing no contest to a single kidnapping count. (Pen. Code[1], § section 207, subd. (a).) Eight other felony counts were dismissed pursuant to the plea agreement. He was sentenced to prison for eight years with total presentence credits of 71 days and the following was also imposed: a $240 section 1202.4, subdivision (b)(1) restitution fine; a section 1202.45, subdivision (a) $240 parole restitution fine; a $40 section 1465.8, subdivision (a)(1) court security fee; and a $30 Government Code section 70373, subdivision (a(1) criminal conviction assessment.
The probation report indicates that on September 26, 2012, defendant accosted a 17-year-old victim in a doctor’s office, forced her into a car and drove her away. On another occasion, October 8, 2012, he threatened to kill the victim and her family. After school on October 8, 2012, once again, he accosted the victim and forced her into a car driving her away against her will. On this occasion, defendant used a knife. On October 9, 2012, defendant threatened the victim with a knife. The victim then finally notified the police.
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