California, United States of America
The following excerpt is from People v. Berglund, C085035 (Cal. App. 2018):
Defendant appealed from both judgments. Appointed counsel filed an opening brief that sets forth the facts of the above cases and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant filed a supplemental brief claiming his appointed counsel in the stolen property case had a conflict of interest that requires us to set aside his no contest pleas in both cases, and that the two-year sentence for the on-bail enhancement in the stolen property case violates double jeopardy and amounts to an improper dual use of facts. We sought and received responsive briefing on these issues. We conclude defendant's appeal from the judgment in the identity theft case is untimely and must be dismissed. His appeal from the judgment in the stolen property case must be dismissed because he did not secure a certificate of probable cause and his claims attack the validity of his plea.
We provide the following brief description of the facts and procedural history of the cases. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
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