Hackett

People v. Hackett

Good Law
1995 Cal. App. LEXIS 678·36 Cal. App. 4th 1297·43 Cal. Rptr. 2d 219·95 Daily Journal DAR 9691·95 Cal. Daily Op. Serv. 5716
Court of Appeal of CaliforniaJuly 20, 1995A067229California6,212 words

Opinion

Opinion

Haerle, J.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ] (hereafter Wende) from a conviction, after a plea of no contest, on charges of robbery (Pen. Code, § 211), attempted carjacking (Pen. Code, §§ 215/664), possession for sale of rock cocaine (Health & Saf. Code, § 11351.5) and child abuse (Pen. Code, § 273a, subd. (1)), and from the six-year prison term sentence imposed by the trial court for that conviction. We find no error in the postplea proceedings and hence affirm. However, in the process, we respectfully suggest that, for the reasons discussed at length below, it is appropriate for our Supreme Court to reexamine the vitality of Wende .

I. Factual and Procedural Background

About 8:30 a.m. on the morning of November 15, 1993, Denise Earl (Earl), a medical assistant and certified phlebotomist, parked her 1990 Thunderbird in the parking lot of the doctors’ office building where she worked in Antioch and started toward the door of that building. She was, at the time, three and a half months pregnant. After she locked her car and started moving up a pathway from the parking lot to the door to the building, she noticed…

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