Opinion
D064830
06-19-2014
THE PEOPLE, Plaintiff and Respondent, v. JESUS AKSEL CORREA, Defendant and Appellant.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. SCS259548)
APPEAL from a judgment of the Superior Court of San Diego County, Theodore M. Weathers, Judge. Affirmed.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
The People charged Jesus Aksel Correa with grand theft auto (Pen. Code, § 487, subd. (d)(1)); and unlawfully taking and driving a vehicle (Veh. Code, § 10851, subd. (a)). The People alleged Correa had a prior conviction for grand theft auto; seven probation denial priors (Pen. Code, § 1203, subd. (e)(4)); four prison priors (Pen. Code, § 667, subd. (b)); and two strike priors for robbery (Pen. Code, §§ 211, 1170.12, subds. (a)-(d), 667, subds. (b)-(i)).
Correa pleaded guilty to a separate charge of failing to appear in court (Pen. Code, § 1320, subd. (b)) and admitted his two strike priors; in exchange, the People dismissed all other charges. The court denied Correa's motion to strike his priors under People v. Superior Court (Romero) (1996) 13 Cal.4th 497, and sentenced him to four years in prison.
DISCUSSION
Appointed counsel has filed a brief summarizing the facts and proceedings in the trial court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738.
We granted Correa permission to file a brief on his own behalf, and he did so. He argues that at the sentencing hearing he was under the effects of medication he takes for his mental health problems; therefore, he could not present certain arguments in favor of a reduced sentence. He further states his trial counsel had advised him to provide the trial court documentation regarding his diagnosis for non-Hodgkin's lymphoma, but he did not have it. He attaches that documentation to his letter brief. He claims he is permanently wheelchair bound; and consequently if this court affirms the ruling on the Romero motion, his family unit will fall apart because the mother of his five minor children was deported from the United States.
Our review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by Correa has disclosed no reasonably arguable appellate issues. Correa was competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
O'ROURKE, J. WE CONCUR: McCONNELL, P. J. NARES, J.