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PEOPLE v. CERVANTES

No. B183412.

58 Cal.Rptr.3d 861 (2007)

150 Cal.App.4th 1117

The PEOPLE, Plaintiff and Respondent, v. Wilfredo Arias CERVANTES, Defendant and Appellant.

Court of Appeal of California, Second District, Division Six.

May 16, 2007.

Attorney(s) appearing for the Case

Jonathan Steiner, Richard Lennon, California Appellate Project, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven E. Mercer, Susan Sullivan Pithey, Deputy Attorneys General, for Plaintiff and Respondent.

GILBERT, P.J.

Wilfredo Arias Cervantes intends to appeal a judgment following his conviction of drug crimes. (Health & Saf.Code, §§ 11350, subd. (a), 11364.) He faces an insurmountable obstacle. The court reporter is unable to prepare a trial transcript. Current defense counsel did not try the case. The trial judge has no recollection of the trial proceedings. Yet, he approves a settled statement. This is unsettling. We vacate the order approving the...

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