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People v. Espejo

California Court of Appeals, Fourth District, Second Division
Apr 8, 2008
No. E043425 (Cal. Ct. App. Apr. 8, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JEFFREY ESPEJO, Defendant and Appellant. E043425 California Court of Appeal, Fourth District, Second Division April 8, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from the Superior Court of Riverside County. Douglas E. Weathers, Judge, Super.Ct.No. RIF129840

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RAMIREZ, P.J.

STATEMENT OF THE CASE

Appellant was charged by amended felony complaint with theft from an elder adult (Pen. Code., § 368, subd. (d); count 1), residential burglary (§ 459; count 2), and dissuading a witness. (§ 136.1, subd. (c)(1); count 3.) Count 3 further alleged the victim was an elder person under section 667.9, subdivision (a). The information further alleged appellant served a prior prison term under section 667.5, subdivision (b).

All further statutory references will be to the Penal Code unless indicated.

Pursuant to section 859a, defendant, represented by counsel, pled guilty to counts 1 and 3 in exchange for an agreed four-year prison term and dismissal of the remaining count and special allegations.

However, prior to sentencing, defendant, represented by new counsel, filed a motion to withdraw his guilty plea. The motion was heard and denied on May 18, 2007.

Thereafter, in accordance with the negotiated disposition, the defendant was committed to state prison for four years and awarded the appropriate custody credits. The remaining count and special allegations were dismissed and stricken on motion of the district attorney and in the interests of justice pursuant to section 1385.

Defendant filed a timely notice of appeal challenging the sentence of other matters not affecting the validity of the plea.

STATEMENT OF FACTS

According to the amended complaint, on February 3, 2006, defendant stole money or property in excess of $400 from an elder and dependent adult person (count 1), and on the same date, defendant used force or threats to dissuade the victim from reporting a crime or testifying.

DISCUSSION

Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

We concur: HOLLENHORST, J., GAUT, J.


Summaries of

People v. Espejo

California Court of Appeals, Fourth District, Second Division
Apr 8, 2008
No. E043425 (Cal. Ct. App. Apr. 8, 2008)
Case details for

People v. Espejo

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JEFFREY ESPEJO, Defendant and…

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

Date published: Apr 8, 2008

Citations

No. E043425 (Cal. Ct. App. Apr. 8, 2008)