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People v. Valenzuela

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Aug 9, 2012
E055567 (Cal. Ct. App. Aug. 9, 2012)

Opinion

E055567 Super.Ct.No. FVA1001852

08-09-2012

THE PEOPLE, Plaintiff and Respondent, v. ERICA CASSANDRA VALENZUELA, Defendant and Appellant.

David K. Rankin, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

APPEAL from the Superior Court of San Bernardino County. Ingrid Adamson Uhler, Judge. Affirmed.

David K. Rankin, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Erica Cassandra Valenzuela is serving a 10-year prison sentence for repeatedly slashing her boyfriend's ex-girlfriend in the face and arms with a sharp object.

FACTS AND PROCEDURE

On the evening of December 1, 2010, defendant and her boyfriend/codefendant saw the victim riding in the passenger seat of a car that drove past the codefendant's house. They got in the codefendant's car and followed the victim. After thrice bumping the car in which the victim was riding, the codefendant forced the car to the curb. The codefendant pulled the victim out of the car and onto the ground, replying "I don't care," when the victim stated she was pregnant. Defendant got on top of the victim and began hitting the victim in the face; the victim put up her hands to block her face. The victim believed the defendant was hitting her with defendant's hands. The codefendant was standing behind the defendant saying, "Get her, Babe." The codefendant then cut the victim in the arm and the two attackers left. It was at that point that the victim realized her arm, her hand and her face had been cut.

The victim had cuts requiring 20 staples and 200 stitches. She had cuts on both arms that left scars; a slash mark from almost her nose through her ear and into her scalp that left a scar eight-to-10-inches long; and a cut all the way across her forehead that left a scar five-to-six-inches long. At the time of the preliminary hearing, the victim remained numb on her forehead and on her right arm.

On October 28, 2011, defendant pled no contest to mayhem (Pen. Code, § 203) and assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)), along with an enhancement for the use of a dangerous weapon during the mayhem (Pen. Code, § 12022, subd. (b)(1)).

On January 27, 2012, the trial court sentenced defendant, as agreed, to 10 years in state prison as follows: the aggravated term of eight years for the mayhem, plus one year consecutive on the assault, and an additional consecutive one year for the use enhancement. This appeal followed.

DISCUSSION

Upon defendant's request, this court appointed counsel to represent her. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to conduct an independent review of the record.

We offered defendant an opportunity to file a personal supplemental brief, but she has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P. J.
We concur: HOLLENHORST
J.
KING
J.


Summaries of

People v. Valenzuela

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Aug 9, 2012
E055567 (Cal. Ct. App. Aug. 9, 2012)
Case details for

People v. Valenzuela

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ERICA CASSANDRA VALENZUELA…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

Date published: Aug 9, 2012

Citations

E055567 (Cal. Ct. App. Aug. 9, 2012)