People v. Hernandez

Filed 8/6/14 Unmodified opinion attached

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049024

v. (Super. Ct. No. 13CF1955)

STEVEN AKEEL HERNANDEZ, ORDER MODIFYING OPINION; NO CHANGE IN Defendant and Appellant. JUDGMENT

It is ordered that the opinion filed herein on July 29, 2014, be modified as follows: 1. On page 2, last sentence of the second full paragraph, beginning “We notified defendant” is deleted and the following sentence is inserted in its place: We granted defendant 30 days to file a supplemental brief. This period passed and we have received no communication from him. 2. On page 2, last sentence of the third full paragraph, beginning “We decline to do so and publish” is deleted and the following sentence is inserted in its place: We decline to do so and publish this opinion to reaffirm the decision of another panel in our district which, over 30 years ago, rejected Anders/Wende briefs presenting, “‘arguable-but-unmeritorious’ issue[s].” (People v. Johnson (1981) 123 Cal.App.3d 106, 109.)

3. On page 3, second sentence of the second paragraph of the Discussion, beginning “Long ago, this court” is deleted and the following sentence is inserted in its place: Long ago, another panel in this district discredited the custom of raising “‘arguable-but-unmeritorious’ issue[s]” in Anders/Wende appeals; yet this practice persists. There is no change in the judgment.

RYLAARSDAM, ACTING P. J.

WE CONCUR:

BEDSWORTH, J.