People v. Hernandez CA4/1

Filed 10/16/15 P. v. Hernandez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067958

Plaintiff and Respondent,

v. (Super. Ct. No. JCF34300)

JOSE HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Diane B.

Altamirano, Judge. Affirmed.

Laura R. Sheppard, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance by Respondent.

Jose Hernandez entered a no contest plea to second degree burglary (Pen. Code,1

§ 459). He was promised probation, however he agreed that if he failed to appear at

1 All further statutory references are to the Penal Code unless otherwise specified.

sentencing he would be subject to a prison sentence. Hernandez did not appear for

sentencing, and he was later arrested.

Hernandez was sentenced to the lower term of 16 months in prison, subject to

various fines and fees. One of the fines imposed in the abstract of judgment was a $10

fine pursuant to section 1202.5. The fine was not mentioned by the court at sentencing.