People v. Marquez CA4/2

Filed 4/29/15 P. v. Marquez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E062430

v. (Super.Ct.No. FSB1403405)

GABRIEL MARQUEZ, JR., OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Annemarie G.

Pace, Judge. Affirmed.

Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant, Gabriel Marquez, Jr., plead guilty to receiving a stolen vehicle (Pen.

Code, § 496d, subd. (a))1 and was sentenced to the agreed-to term of two years in prison.

In his executed change of plea form he states, “I waive and give up any right to

appeal . . . from the conviction and judgment in my case since I am getting the benefit of

my plea bargain.” Despite this, defendant filed a notice of appeal. In it he stated, “This

appeal is based on the sentence or other matters occurring after the plea that do not affect