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P. v. Ornellas

P. v. Ornellas
12:21:2009



P. v. Ornellas



Filed 12/18/09 P. v. Ornellas CA3



NOT TO BE PUBLISHED



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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



THIRD APPELLATE DISTRICT



(Yolo)



----



THE PEOPLE,



Plaintiff and Respondent,



v.



SANDRA MICHELLE ORNELLAS,



Defendant and Appellant.



C061359



(Super. Ct. No. CRF075872)



On September 30, 2007, defendant Sandra Michelle Ornellas shoplifted items worth $170.86 from Wal-Mart. She was caught as she left the store. When cited, she gave her sisters name rather than her own. Defendant had a 2004 conviction for burglary and served time.



Defendant entered a plea of no contest to petty theft with a prior (Pen. Code, 666) in exchange for dismissal of the remaining count and allegation and a stipulated state prison term of 16 months. The court sentenced defendant accordingly.



Defendant appeals. She did not seek or obtain a certificate of probable cause. (Pen. Code, 1237.5.)



We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.



However, we do find an error. Defendants name appears as Sandra Michelle Ornellas Gamino on the abstract of judgment, the transcripts filed on appeal, and counsels opening brief filed on defendants behalf. The plea form reflects that defendants name is Sandra Michelle Ornellas. Prior to defendants entering her plea, the court corrected defendants name, deleting Gamino, at defense counsels request for amendment. The first amended complaint was corrected accordingly. At sentencing, the judge referred to defendant as Ornellas, not Gamino. The notice of appeal reflects that defendants name is Sandra Ornellas. We will order the abstract of judgment be corrected to reflect defendants name as Sandra Michelle Ornellas.



DISPOSITION



The trial court is directed to prepare a corrected abstract of judgment reflecting defendants name as Sandra Michelle Ornellas and to forward a certified copy of the corrected abstract to the Department of Corrections and Rehabilitation. The judgment is affirmed.



RAYE , Acting P. J.



We concur:



BUTZ , J.



CANTIL-SAKAUYE , J.



Publication courtesy of California pro bono legal advice.



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San Diego Case Information provided by www.fearnotlaw.com





Description On September 30, 2007, defendant Sandra Michelle Ornellas shoplifted items worth $170.86 from Wal-Mart. She was caught as she left the store. When cited, she gave her sisters name rather than her own. Defendant had a 2004 conviction for burglary and served time. Defendant entered a plea of no contest to petty theft with a prior (Pen. Code, 666) in exchange for dismissal of the remaining count and allegation and a stipulated state prison term of 16 months. The court sentenced defendant accordingly.
The trial court is directed to prepare a corrected abstract of judgment reflecting defendants name as Sandra Michelle Ornellas and to forward a certified copy of the corrected abstract to the Department of Corrections and Rehabilitation. The judgment is affirmed.


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