Opinion
H044058
05-17-2017
THE PEOPLE, Plaintiffs and Respondents, v. ANGEL BENITO CASTILLO, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. 215005)
Defendant Angel Benito Castillo appeals from a judgment following his no contest plea to attempted murder. The conviction arose on November 25, 2012, when defendant shot the victim, John Copeland, while Copeland was riding on his new motorcycle, or "street bike." A bullet shattered Copeland's right arm and another grazed his right leg. Defendant was charged by indictment with one count of attempted murder (Pen. Code, §§ 664, subd. (a), 187, count 1); one count of shooting at an occupied motor vehicle (§ 246, count 2); two counts of unlawful possession, use, or ownership of a firearm by a convicted felon (former § 12021, subd. (a)(1), counts 3 and 4); and one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378, count 6). Attached to count 1 were the additional allegations that defendant had committed the attempted murder willfully, deliberately, and with premeditation (§ 189); that he had personally discharged a firearm and caused great bodily injury (§§ 12022.53, subd. (d)); and that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). As to count 2, the shooting at an occupied motor vehicle, the indictment alleged gun and gang enhancements (§§ 12022.53, subd. (d) & 186.22, subd. (b)(4)). The possession for sale charge, count 6, was also accompanied by a gang enhancement allegation (§ 186.22, subd. (b)(1)(A)) as well as an allegation of a prior drug conviction (Health & Saf. Code, § 11370.2, subds. (a) & (c)).
All unspecified section references are to the Penal Code. --------
On May 11, 2016, defendant pleaded no contest to count 1 and admitted the attached gun enhancement allegation. In exchange, defendant was to receive a 15-year prison sentence, consisting of a mitigated five-year term for the attempted murder plus 10 years for the gun enhancement. The remaining charges and enhancements were dismissed. Defendant was thereafter sentenced in accordance with the plea agreement. The court also made a general order of restitution, imposed a $240 restitution fine, and imposed but suspended an additional restitution fine of $240. (§§ 1202.4, subd. (b)(2), 1202.45)
Defendant's notice of appeal was received by superior court on October 3, 2016, beyond the 60 days allowed by California Rules of Court, rule 8.304. Having previously been uninformed about his appellate rights and the procedure for bringing an appeal, he gave his original notice of appeal to prison officials (Cal. Rules of Court, rule 8.25(b)(5)) and then erroneously sent it to the Sixth District Appellate Project. A second notice of appeal was sent to superior court on October 3, 2016, and marked "Received" on that date. On March 3, 2017, this court granted defendant's motion to deem his notice of appeal as constructively filed.
Appointed appellate counsel has filed an opening brief that states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but he has not availed himself of that opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, 123-124, we have carefully reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
/s/_________
ELIA, J. WE CONCUR: /s/_________
PREMO, ACTING P.J. /s/_________
GROVER, J.