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United States Court Cases

California Fourth Appellate District Division 1 Record

The People v. Vargas

Parties and Attorneys

The People v. Vargas
Case Number D057387
Party Attorney
The People : Plaintiff and Respondent
Office of the Attorney General
P. O. Box 85266
San Diego, CA 92186-5266

Josue Vargas : Defendant and Appellant
2144 I Ave.
National City, CA 91950
David K. Rankin
Appellate Defenders, Inc.
555 West Beech St., Suite 300
San Diego, CA 92101



Case Summary

Trial Court Case:
SCS237136
Court of Appeal Case:
D057387
Division:
Case Caption:
The People v. Vargas
Case Type:
CR
Filing Date:
05/03/2010
Completion Date:
03/29/2011
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Vargas
Case Number D057387
Date Description Notes
05/24/2010 Notice of appeal lodged/received (criminal). Filed May 3, 2010 - VARGAS
05/24/2010 Received copy of document filed in trial court. Certificate of Probable Cause DENIED. Order filed in Superior Court May 13, 2010.
05/27/2010 Order filed. Appellant's request for a certificate of probable cause was denied and appellant, as part of his plea, waived issues relating to the denial of a suppression motion (Pen. Code § 1538.5), if any, to prior strike convictions (Pen. Code §§ 667(b)-(i) and 1170.12) and the stipulated sentence. Issues on appeal are limited to sentencing questions or other matters occurring after the plea, except for issues involving prior strike convictions and the stipulated sentence.
06/30/2010 RECORD ON APPEAL FILED.************ CT-1/90pgs., RT-4/23pgs., (113pgs.), Conf. env.-1, Probation
07/27/2010 Counsel appointment order filed. atty. Rankin appointed for appellant, AOB extended to 9/7/10
09/07/2010 Granted - extension of time.
Wende brief filed. Due on 10/07/2010 By 30 Day(s)
10/06/2010 Granted - extension of time.
Wende brief filed. Due on 11/08/2010 By 32 Day(s)
11/08/2010 Wende brief filed. Defendant and Appellant: Josue Vargas
Attorney: David K. Rankin
11/08/2010 Wende order filed. Counsel for appellant has filed a brief stating no arguable issues can be found (People v. Wende (1979) 25 Cal.3d 436). The defendant personally is granted 30 days to file any supplemental brief deemed necessary.
11/17/2010 Mail returned and re-sent. Appellant's copy of Wende order. Resent to new address. 2144 I. Ave., National City, CA 91950.
01/04/2011 CASE FULLY BRIEFED.
01/27/2011 Cause submitted.
01/27/2011 Opinion filed. (Signed Unpublished) The judgment is affirmed. Aaron, J.; We Concur: Benke, Acting P.J., McIntyre, J.
03/29/2011 Remittitur issued.
03/29/2011 Case complete.
12/20/2011 Record sent to storage.


Briefs

The People v. Vargas
Case Number D057387
Brief Due Date Date Filed Party and Attorney Notes
Wende brief filed. 11/08/2010 Defendant and Appellant: Josue Vargas
Attorney: David K. Rankin



Future Scheduled Actions

The People v. Vargas
Case Number D057387

No information found.



Disposition

The People v. Vargas
Case Number D057387
Description:
Affirmed in full
Date:
01/27/2011
Disposition Type:
Final
The judgment is affirmed. Aaron, J.; We Concur: Benke, Acting P.J., McIntyre, J.
Publication Status:
Signed Unpublished
Author:
Aaron, Cynthia G.
Participants:
McIntyre, James A. (Concur)
Benke, Patricia D. (Concur)
Case Citation:
none


Trial Court

The People v. Vargas
Case Number D057387
Trial Court Name:
San Diego County Superior Court - Main
County:
San Diego
Trial Court Case Number:
SCS237136
Trial Court Judge:
Hernandez, Esteban
Trial Court Judgment Date:
04/22/2010