P. v. Martinez
This matter concerns three criminal cases. In case No. SSC110191A, defendant Alex Adolfo Sandoval Martinez pleaded no contest to one felony, evading an officer with willful disregard of the safety of persons or property (Veh. Code, § 2800.2,subd. (a)) and five misdemeanors. In case No. SS112248B, defendant pleaded no contest to residential burglary (Pen. Code, § 459)[1] and admitted the gang allegation (§ 186.22, subd. (b)(1)(B)). In case No. SS120012A, defendant pleaded no contest to second degree robbery (§ 211) and admitted the allegation that he was released from custody on his own recognizance or bail at the time of the offense (§ 12022.1). In accordance with the plea agreement resolving all three cases, defendant was sentenced to a total term of 10 years eight months.
Defendant’s motion to deem his notice of appeal as timely filed was granted and we appointed counsel to represent him in this court. Appointed counsel has filed an opening brief that states the case and facts but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. The 30-day period has elapsed and we have received no response from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following the California Supreme Court’s direction in People v. Kelly, supra, at page 110, we provide “a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed.â€
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