Opinion
F085588
01-16-2024
THE PEOPLE, Plaintiff and Respondent, v. EDGAR SIMON DURAN, Defendant and Appellant.
Justin Behravesh for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Merced County, No. 20CR-03320. Mark V. Bacciarini, Judge.
Justin Behravesh for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
THE COURT
Appointed counsel for appellant Edgar Simon Duran asked this court to review the record to determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436; In re Kevin S. (2003) 113 Cal.App.4th 97.) Counsel filed an opening brief setting forth the case's relevant facts.
Appellant was advised of the right to file a supplemental brief within 30 days. More than 30 days elapsed, and we received no communication from appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment.
The following is a brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
In June 2020, appellant was charged in a first amended criminal complaint with the first degree murder of Julio Jose Lucero. Enhancements alleged appellant used a knife in the murder and had been convicted of a prior robbery in 2010, which qualifies as a serious felony under Penal Code section 667. At appellant's preliminary examination, evidence placed appellant near the scene of the murder and in possession of a knife while intoxicated and angry about losing his cell phone. After having the knife taken away from him, appellant was seen grabbing another knife and leaving his apartment. The victim, a friend of appellant, was stabbed near appellant's apartment. Evidence showed that at some point around the time of the murder, appellant asked his mother for help, gave her a knife, and that appellant's mother then buried the knife. The court found this evidence sufficient to hold appellant to answer.
Prior to trial, appellant chose to plead no contest to a reduced charge. The People amended the information to charge appellant with one count of voluntary manslaughter and enhancements for having a prior serious felony conviction. The parties agreed to a middle term sentence of 6 years, doubled for the strike, plus an additional 5 years, again based on the strike, for a total term of 17 years. Appellant initialed and signed a change of plea form and confirmed to the trial court that he had discussed the form with his counsel and had no questions. Appellant then pleaded no contest to the voluntary manslaughter charge and admitted the strike prior. The trial court sentenced appellant in line with the terms of the plea agreement.
Appellant filed a timely notice of appeal.
Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to appellant.
DISPOSITION
The judgment is affirmed.
Before Hill, P. J., Detjen, J. and Pena, J.