Opinion
F081665
06-17-2021
THE PEOPLE, Plaintiff and Respondent, v. JESSE DAVID CASTILLO, Defendant and Appellant.
William D. Farber, 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NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kings County No. 20CM1102. Robert S. Burns, Judge.
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
THE COURT[*]
Appointed counsel for appellant Jesse David Castillo 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 (Wende).) Castillo was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. We received a supplemental brief from him, but we could not discern his argument based upon the statements in his brief. Finding no arguable error that would result in a disposition more favorable to Castillo, we affirm.
BACKGROUND
On May 31, 2019, Castillo, a prison inmate incarcerated at the Kern Valley State Prison in Kings County, struck a correctional officer in the chest and shoulder area with his elbow. The matter was referred to the Kings County District Attorney's Office.
On March 3, 2020, the Kings County District Attorney's Office filed a criminal complaint charging Castillo with battery on a non-confined person by a prisoner (Pen. Code, § 4501.5). The complaint further alleged Castillo had suffered a prior strike conviction. (§§ 667, subds. (b)-(1), 1170.12, subds. (a)-(d).)
All undefined statutory citations are to the Penal Code unless otherwise indicated.
On August 12, 2020, pursuant to a negotiated plea, Castillo entered a plea of no contest to the charged offense. In exchange for his plea, the parties stipulated that Castillo would serve a two-year prison term, consecutive to the prison term he was already serving. The People agreed to dismiss the prior strike. Castillo stipulated to a factual basis for his plea under People v. West (1970) 3 Cal.3d 595.
Prior to the entry of his plea, the trial court explicitly advised Castillo that his plea would require him to waive the right to appeal his conviction. The trial court further explained that as long as the court imposed the parties' stipulated sentence, and Castillo would be waiving his right to appeal the sentence imposed, unless it was unlawful. Following further discussion with his attorney, Castillo stated that he understood, and that he wanted to “plead no contest and accept the deal.”
Castillo waived time for sentencing. The trial court sentenced him to a prison term of two years, consistent with his negotiated plea agreement. The trial court also imposed various fines and fees without objection.
On August 31, 2020, Castillo filed a timely notice of appeal. He did not request a certificate of probable cause.
DISCUSSION
After independent review of the record, we find that no reasonably arguable factual or legal issues exist. With respect to Castillo's supplemental letter brief, it does not appear that Castillo has made any legal arguments in his brief. Even a generous reading of his letter does not support the conclusion that he raises an issue concerning the lawfulness of his sentence. We therefore find no arguable error based upon the statements made in Castillo's letter brief.
DISPOSITION
The judgment is affirmed.
[*] Before Poochigian, Acting P.J., Smith, J. and De Santos, J.