Opinion
F076152
06-06-2018
THE PEOPLE, Plaintiff and Respondent, v. ISAIAS ISMAEL BAZANTE, Defendant and Appellant.
Jill M. Klein, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. MCR047519A)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Madera County. Dale J. Blea, Judge. Jill M. Klein, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Detjen, Acting P.J., Smith J., and Meehan, J.
-ooOoo-
Appellant Isaias Ismael Bazante appeals from his conviction pursuant to a plea of guilty to one count of second degree murder.
Appointed counsel for appellant asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to appellant advising him of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. 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.
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
STATEMENT OF THE CASE AND FACTS
On January 21, 2014, the Madera County District Attorney filed an information charging appellant with one count of murder in violation of Penal Code section 187, subdivision (a). It was further alleged that appellant and his codefendants were principals "and at least one principal personally and intentionally discharged a firearm" within the meaning of section 12022.53, subdivisions (d) and (e)(1); the offense was committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1); that appellant and his codefendants intentionally killed the victim while appellant was an active participant in a street gang; and the murder was carried out to further the activities of the criminal street gang within the meaning of section 190.2, subdivision (a)(22).
Statutory references are to the Penal Code unless otherwise noted. --------
On or around September 29, 2015, the parties reached an agreement whereby appellant agreed to plead guilty to count 1, second degree murder, for a stipulated term of 15 years to life. Pursuant to the agreement, appellant agreed to testify for the prosecution in his codefendant's trial. All enhancements and allegations were to be dismissed. Appellant pled guilty before the court on October 13, 2016. The court found appellant knowingly, intelligently and voluntarily waived his statutory and constitutional rights and that a factual basis existed for the plea.
On February 14, 2017, appellant refused to testify at his codefendant's trial as previously agreed. On February 21, 2017, the court indicated that it would be willing to accept appellant's plea regardless of appellant's breach of the plea agreement. On April 21, 2017, the People agreed to keep the plea in place.
On July 11, 2017, appellant filed a motion to withdraw his guilty plea.
On July 12, 2017, appellant filed a motion for substitution of counsel.
On August 15, 2017, the date set for sentencing, the court heard and denied appellant's motion for substitution of counsel and appellant's motion to withdraw the plea. The trial court thereafter imposed the agreed-upon term of 15 years to life and dismissed the remaining enhancements and allegations. The court imposed a restitution fine of $280 (§ 1202.4, subd. (b)), a restitution fine of $280 suspended pending future parole revocation (§ 1202.45) and a booking fee of $108.19 (Govt. Code, § 29550.2). The court found appellant was entitled to 1,399 days of custody credits.
Appellant timely filed a notice of appeal on August 16, 2017. Appellant did not request a certificate of probable cause.
Our review of the entire record has revealed no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.