Opinion
F075758
02-22-2018
THE PEOPLE, Plaintiff and Respondent, v. ALFONSO CUEVAS, Defendant and Appellant.
Jennifer A. Mannix, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. F17901409)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. James A. Kelley, Judge. Jennifer A. Mannix, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Poochigian, Acting P.J., Peña, J., and Smith, J.
-ooOoo-
Appellant Alfonso Cuevas appeals from his conviction following a plea of no contest.
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
STATEMENT OF THE CASE AND FACTS
On March 16, 2017, appellant was charged by complaint with willful assault with a deadly weapon upon an officer, wherein he knew or should have known that the victim was a peace officer (Pen. Code, § 245, subd. (c)), count 1; identity theft (§ 530.5, subd. (a)), count 2; second degree commercial burglary (§§ 459/460, subd. (b)), count 3; and false impersonation for bail or surety (§ 529, subd. (a)(1)), count 4. The complaint further alleged appellant had served five prior prison terms (§ 667.5, subd. (b)).
All statutory references are to the Penal Code. --------
On April 28, 2017, pursuant to a plea agreement, appellant pleaded no contest to assault on a peace officer and identity theft. He admitted one of the prior prison allegations. The court dismissed the remaining counts and allegations. Upon appellant's request to be sentenced immediately, the court imposed the negotiated sentence of five years; the court imposed the middle term of four years on the assault count and a one-year consecutive term on the prison prior. The court also imposed the middle term of two years on the identity theft count, to be served concurrently to the five-year term imposed on the assault count and for the prison prior. The court imposed a $1,500 restitution fine (§ 1202.4), imposed and stayed a second $1,500 restitution fine (§ 1202.45), imposed a $60 criminal conviction assessment fee, and imposed an $80 court security fee. The court awarded appellant 549 days of presentence custody credit.
Appellant filed a timely notice of appeal and request for certificate of probable cause on June 6, 2017. The request for certificate of probable cause stated that appellant did not know the person he assaulted was a police officer, that the officer was not hurt, and that his attorney misrepresented him. The court granted appellant's request for certificate of probable cause on that same date.
Appointed counsel for appellant 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.) We sent a letter to appellant advising him of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. On September 14, 2017, appellant filed a letter brief stating that his attorney misrepresented him; that he should have received less time as the officer did not go to the hospital for his injury; and that he did not know the victim was a peace officer.
Since there was no preliminary hearing or trial in this case, the only source of facts is the felony complaint. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment.
DISPOSITION
The judgment is affirmed.