Opinion
B238563
08-31-2012
THE PEOPLE, Plaintiff and Respondent, v. JAIME CAMPOS, Defendant and Appellant.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County
Super. Ct. No. VA120264)
APPEAL from a judgment of the Superior Court of Los Angeles County. Roger Ito, Judge. Affirmed.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Pursuant to a plea bargain, Jaime Campos pleaded no contest to one count of first degree burglary in violation of Penal Code section 459 (count one) and one count of assault by means likely to produce great bodily injury in violation of Penal Code former section 245, subdivision (a)(1) (count 2). With respect to both counts, he also admitted the truth of the allegation that he personally inflicted great bodily injury upon one of the victims, who was not an accomplice, within the meaning of section 12022.7, subdivision (a).
All subsequent statutory references are to the Penal Code.
The amended information alleged two other counts, one for assault with a deadly weapon and one for assault by means likely to produce great bodily injury. The trial court dismissed both of those counts at the prosecution's request, pursuant to the plea bargain.
Pursuant to the plea bargain, the trial court sentenced Campos to five years in state prison, calculated as follows: the low term of two years as to count 2, plus three years for the personal infliction of great bodily injury allegation, plus a concurrent sentence of the low term of two years as to count 1. Pursuant to section 654, the court stayed a three-year enhancement for the personal infliction of great bodily injury allegation as to count 1. The court also ordered Campos to provide DNA samples and imposed various statutory fines and fees. The court credited Campos with two days of presentence custody (two days actual time).
The testimony at the preliminary hearing showed that Campos had entered the home of his ex-girlfriend in the middle of the night without her permission. Before leaving, Campos assaulted both the ex-girlfriend and a man who was sleeping there, beating the man so severely that he suffered a fracture in his hand and a concussion.
Campos filed a notice of appeal in propria persona but did not seek a certificate of probable cause. The notice of appeal states, however, that the appeal "is based on the sentence or other matters occur[r]ing after the [p]lea." Insofar as the appeal is based on "[g]rounds that arose after entry of the plea and do not affect the plea's validity[,]" no certificate of probable cause is required. (Cal. Rules of Court, rule 8.304(b)(4)(B).)
We appointed counsel to represent Campos on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking us independently to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On May 22, 2012, we advised Campos that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 119, 124.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED.
ROTHSCHILD, Acting P. J. We concur:
CHANEY, J.
JOHNSON, J.