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People v. Cabrera

California Court of Appeals, Fourth District, First Division
Sep 30, 2009
No. D054432 (Cal. Ct. App. Sep. 30, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ALEJANDRO CABRERA, Defendant and Appellant. D054432 California Court of Appeal, Fourth District, First Division September 30, 2009

NOT TO BE PUBLISHED

Super. Ct. No. SCD214150

BENKE, J.

APPEAL from a judgment of the Superior Court of San Diego County, William H. Kennedy, Judge. (Retired Judge of the San Diego S.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Alejandro Cabrera entered a negotiated guilty plea to inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a)) with personal infliction of great bodily injury (Pen. Code, § 12022.7, subd. (e)). The court sentenced him to a stipulated seven-year prison term (the three-year middle term for inflicting corporal injury and the four-year middle term for the enhancement), to be served concurrently with the sentence in another case. Cabrera appeals. We affirm.

BACKGROUND

On May 29, 2008, Cabrera hit his girlfriend in the head, kicked her in the stomach, tried to suffocate her by grabbing her nose and mouth and burned her leg with a curling iron. She had burn marks and bruises and suffered neck, back and abdominal pain. She was hospitalized and required a neck brace.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as a possible, but not arguable, issue, whether Cabrera should be allowed to withdraw his guilty plea on the basis of a misunderstanding or misstatement of the maximum exposure or on the basis of improper pressure from trial counsel.

We granted Cabrera permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issue listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Cabrera has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J., NARES, J.


Summaries of

People v. Cabrera

California Court of Appeals, Fourth District, First Division
Sep 30, 2009
No. D054432 (Cal. Ct. App. Sep. 30, 2009)
Case details for

People v. Cabrera

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ALEJANDRO CABRERA, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Sep 30, 2009

Citations

No. D054432 (Cal. Ct. App. Sep. 30, 2009)