Opinion
H031004
5-23-2007
THE PEOPLE, Plaintiff and Respondent, v. FRANK MANUEL ABILA, Defendant and Appellant.
NOT TO BE PUBLISHED
Defendant Frank Manuel Abila appeals from his conviction after entry of pleas of no contest to all but two of the 36 felony and misdemeanor charges filed against him, pursuant to a plea disposition under which he would receive no more than 16 years in state prison. Thereafter, defendant brought a motion to withdraw his plea. The trial court denied the motion and sentenced defendant to 16 years in prison. Defendant timely appealed. No certificate of probable cause was obtained. We appointed counsel to represent defendant in this court.
Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. The period has elapsed and we have received no written argument from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
SUMMARY OF THE CASE AND FACTS
On August 14, 2006, defendant entered pleas of no contest to 24 felony counts and 10 misdemeanor charges in Santa Clara County Superior Court, pursuant to a plea disposition. The admitted charges included one count of second degree robbery (Pen. Code, § 211); one count of assault with a deadly weapon on a police officer (Pen. Code, § 245, subd. (c)); two counts of battery on a police officer (Pen. Code, § 243, subd. (c)(2)); three counts of resisting a police officer (Pen. Code, § 69); two counts of second degree burglary (Pen. Code, § 459); one count of check forgery (Pen. Code, § 470, subd. (d)); three counts of grand theft (Pen. Code, § 487); three counts of attempted carjacking (Pen. Code, §§ 664/215); six counts of reckless driving while attempting to flee police (Veh. Code, § 2800.2, subd. (a)); two counts of vehicle theft (Veh. Code, § 10851). The 10 misdemeanor offenses consisted of six counts of driving with a suspended license (Veh. Code, § 14601.2) with prior convictions; one count of hit and run causing property damage (Veh. Code, § 20002, subd. (a)); one count of being under the influence of a narcotic (Health & Saf. Code, § 11550); one count of providing a false name to police (Pen. Code, § 148.9); and one count of possessing fraudulent identification (Pen. Code, § 529.5, subd. (c)). Defendant also admitted two prison priors (Pen. Code, § 667.5, subd. (b)).
The charges arose out of the following incidents: on August 9, 2004, defendant entered a liquor store with the intent to cash a stolen check. His fingerprint was found on the check.
On August 29, 2004, defendant entered a computer business during the night. Windows had been broken and eight laptop computers were missing. A fingerprint found at the business was matched to defendant.
On September 2, 2004, defendant fled from a San Jose Police Department (SJPD) officer who attempted to pull defendant over for a speeding violation, resulting in a high-speed chase. Defendants license was suspended at the time.
On December 20, 2004, defendant grabbed a womans purse in a store and escaped, later using the victims ATM card three times to withdraw money. Partial license plate information was obtained.
On December 26, 2004, defendant grabbed another persons purse at a grocery store and fled. The vehicle was discovered by the police and they linked the car to defendant. Witnesses to the two purse-snatch cases identified defendant from a photo lineup.
On April 25, 2005, defendant grabbed five bags of cash and checks from a drug store employee and escaped after threatening the employee that he would kill him if he followed defendant. A fingerprint on a food item abandoned by the thief matched defendant.
On May 12, 2005, defendant failed to return a 1990 Honda Accord taken from an automobile dealership for a test drive.
On May 13, 2005, defendant, in a stalled Honda Accord, fled from California Highway Patrol (CHP) officers when they stopped to render assistance. A dangerous high-speed chase ensued but was abandoned because of traffic congestion and public safety concerns.
On May 17, 2005, defendant was seen driving the same Honda by CHP officers. When they stopped the car, defendant sped off, narrowly missing a CHP officer who dove out of the way when defendant suddenly took off. A high-speed chase occurred with numerous traffic violations, but again had to be abandoned.
On June 5, 2005, a SJPD officer, recognizing defendant as a person with outstanding warrants, attempted to contact defendant in a parked automobile, but defendant sped off. A chase was abandoned when defendant reached a high speed.
On June 16, 2005, defendant engaged CHP officers in another high-speed chase after another attempt to stop him for a traffic violation. After numerous further violations and a collision, defendant abandoned his car, attempted to enter three other vehicles forcefully, then ran into a nearby restaurant. The officers pursued him. When they confronted defendant, he punched and kicked them until subdued by batons, pepper spray and a taser. Defendant was originally charged with two counts of attempting to remove an officers weapon (Pen. Code, § 148, subd (d)), but these were the two charges dropped as part of the plea disposition. The two officers suffered cuts and bruises. In spite of false identification, defendant was identified through fingerprints. He appeared to be under the influence of a stimulant and a blood sample established the presence of methamphetamine in his system. The vehicle he was driving was discovered to have been stolen from another dealership.
On September 6, 2006, defendant brought a motion in Santa Clara County Superior Court to withdraw his plea on the basis that he was pressured into the disposition and wanted to go to trial. The motion was denied after a hearing on September 29, 2006.
On December 8, 2006, the court sentenced defendant to 16 years in state prison, composed of a four-year mid-term sentence for assaulting a police officer with a deadly weapon and several consecutive sentences calculated at one-third the mid-term totaling 16 years. The court also imposed several concurrent sentences, including all of the misdemeanor counts. Defendant was given credit for 175 actual days and 26 "local conduct" days (Pen. Code, § 2933.1) for a total credit of 201 days.
Defendant filed a Notice of Appeal, claiming that the "appeal is based on the sentence or other matters occurring after the plea." No certificate of probable cause was obtained.
Pursuant to People v. Wende, supra, 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgment is affirmed.
We concur:
Mihara, Acting P.J.
Duffy, J.