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People v. Carbajal

California Court of Appeals, Second District, Sixth Division
Jun 27, 2024
2d Crim. B332582 (Cal. Ct. App. Jun. 27, 2024)

Opinion

2d Crim. B332582

06-27-2024

THE PEOPLE, Plaintiff and Respondent, v. RAMON CARBAJAL, Defendant and Appellant.

Ryan Peabody, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED

Superior Court County of Ventura, No. 2023003776, Maureen Houska, Judge.

Ryan Peabody, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

GILBERT, P.J.

Ramon Carbajal appeals a judgment entered following his conviction of assault with a deadly weapon (knife), with findings concerning arming with a deadly weapon, victim vulnerability, and criminal history. (Pen. Code, § 245, subd. (a)(1) ; Cal. Rules of Court, rule 4.421(a) &(b) [circumstances in aggravation].)

All statutory references are to the Penal Code.

On May 1, 2023, the prosecutor filed a felony information charging Carbajal with assault with a deadly weapon and alleging special sentencing allegations. (§ 245, subd. (a)(1); Cal. Rules of Court, rule 4.421(a)(2), (3) &(b)(1)-(5).) Following a jury trial, Carbajal was convicted of assault with a deadly weapon and two special allegations were found true (arming with a deadly weapon and victim vulnerability). Separately, Carbajal admitted four special allegations concerning his criminal history.

On October 6, 2023, the trial court sentenced Carbajal to a midterm three years' imprisonment. The court imposed a $300 restitution fine and a $300 parole revocation restitution fine (suspended) and awarded Carbajal 469 days of presentence custody credit. (§§ 1202.4, subd. (b), 1202.45.)

Evidence at trial established that D.A., a middle-school student, and four of her friends were walking to Starbucks after school. Carbajal walked behind the girls; he was mumbling and smelled of marijuana. He held a pocketknife in his hand which he picked up from the ground.

Carbajal walked closely behind D.A. The other girls ran away. D.A. began to run when Carbajal waved the knife. She felt the knife poke her on her back resulting in a scratch. Starbucks employees saw the incident and summoned police.

We appointed counsel to represent Carbajal in this appeal. After counsel's examination of the record, counsel filed an opening brief raising no issues.

On April 16, 2024, we advised Carbajal that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.

We have reviewed the entire record and are satisfied that Carbajal's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)

We affirm the judgment.

We concur: YEGAN, J., CODY, J.


Summaries of

People v. Carbajal

California Court of Appeals, Second District, Sixth Division
Jun 27, 2024
2d Crim. B332582 (Cal. Ct. App. Jun. 27, 2024)
Case details for

People v. Carbajal

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RAMON CARBAJAL, Defendant and…

Court:California Court of Appeals, Second District, Sixth Division

Date published: Jun 27, 2024

Citations

2d Crim. B332582 (Cal. Ct. App. Jun. 27, 2024)