Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County No. F07908033. W. Kent Hamlin, Judge.
William G. Prahl, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
Before Cornell, Acting P.J., Gomes, J., and Poochigian, J.
Appellant, Jesus Esteban Villegas, was a self-proclaimed “Del Rey Norteño” street gang member. On September 17, 2007, Villegas was driving a car with a passenger when a rival gang member walking on the street gestured at them. Villegas turned his car toward the rival gang member, accelerated, and drove up on the sidewalk at him. Villegas’s car struck the rival gang member, pushing him into a wrought iron fence, over the car, and onto the sidewalk. Villegas and his passenger fled from the scene but Villegas was arrested on November 17, 2007.
On March 6, 2008, Villegas waived a preliminary hearing.
On March 10, 2008, the district attorney filed an information charging Villegas with attempted murder (count 1/Pen. Code, §§ 664/187, subd. (a)), assault with a deadly weapon (count 2/§ 245, subd. (a)(1)), and participating in a criminal street gang (count 3/ § 186.22, subd. (a)). Count 1 also alleged a serious bodily injury enhancement (§ 12022.7) and a gang enhancement (§ 186.22, subd. (b)).
All statutory referenced are to the Penal Code.
On December 4, 2008, Villegas pled no contest to attempted murder and participating in a criminal street gang in exchange for the dismissal of the remaining count and enhancements in the instant case, the dismissal of an unrelated case, and a lid of nine years.
On January 7, 2009, the court sentenced Villegas to a nine-year term on his attempted murder conviction and a concurrent two-year term on his street terrorism conviction.
Villegas’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Villegas has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.