P. v. Avelar
Pursuant to a plea agreement, defendant and appellant Omar Avelar pleaded no contest to forgery (Pen. Code, 470, subd. (d)[1]), second degree commercial burglary ( 459), grand theft of personal property ( 487, subd. (a)), and five counts of theft ( 484e, subd. (d).) The trial court sentenced defendant to the upper term of three years in state prison for his forgery conviction and to a concurrent, middle term sentence of two years on each of the remaining convictions. The trial court imposed, inter alia, a victim restitution award of $4,905.84 and awarded defendant 564 days of presentence credit consisting of 376 days of custody credit and 188 days of conduct credit. Defendant timely filed a notice of appeal. Defendant requested a certificate of probable cause with respect to the trial courts ruling on his motion to suppress evidence under section 1538.5. The trial court granted defendants request.
On appeal, defendants appointed counsel filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting this court to conduct an independent review of the record to determine if there are any arguable issues on appeal. On September 9, 2009, we gave notice to defendant that counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant filed a letter brief contending that the trial court erred in denying his section 1538.5 motion, the affidavit in support of a search warrant and the reporters transcripts for his section 995 and 1538.5 motions have been altered, and he received a longer sentence because his greedy lawyers dragged his case. Court affirm the judgment.
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