Fear Not Law Articles: P. v. Moss

P. v. Moss

Filed 2/22/08 P. v. Moss 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

DONALD STEVEN MOSS,

Defendant and Appellant.

B202412

(Los Angeles County Super. Ct.

No. NA063098)

APPEAL from a judgment of the Superior Court of Los Angeles County, Bradford L. Andrews, Judge. Affirmed.

Law Offices of John F. Schuck and John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_________________________________

Defendant and appellant Donald Steven Moss entered a plea of no contest to transportation of methamphetamine, in violation of Health and Safety Code section 11379, subdivision (a). Defendant was placed on formal probation on November 19, 2004. Following a violation of probation, on June 2, 2005, defendant was sentenced to three years in state prison; sentence was suspended and additional probation conditions were imposed. Following another probation violation, defendant was sentenced to state prison on July 24, 2007, for a term of three years.

Defendant filed a timely notice of appeal from the judgment. This court appointed counsel for defendant on appeal. On January 7, 2008, appointed counsel filed a brief raising no issues, but requesting this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant was advised by this court of his right to file a supplemental brief.

The time for defendant to file his supplemental brief has passed. We have conducted an independent review of the record and find no arguable appellate issues. (Smith v. Robbins (2000) 528 U.S. 259, 278-284.) The judgment is affirmed.

KRIEGLER, J.

We concur:

TURNER, P. J.

MOSK, J.

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Description	Defendant and appellant Donald Steven Moss entered a plea of no contest to transportation of methamphetamine, in violation of Health and Safety Code section 11379, subdivision (a). Defendant was placed on formal probation on November 19, 2004. Following a violation of probation, on June 2, 2005, defendant was sentenced to three years in state prison; sentence was suspended and additional probation conditions were imposed. Following another probation violation, defendant was sentenced to state prison on July 24, 2007, for a term of three years. Defendant filed a timely notice of appeal from the judgment. This court appointed counsel for defendant on appeal. On January 7, 2008, appointed counsel filed a brief raising no issues, but requesting this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant was advised by this court of his right to file a supplemental brief. The judgment is affirmed.
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