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People v. Garcia

California Court of Appeals, Second District, Second Division
Jan 9, 2008
No. B197638 (Cal. Ct. App. Jan. 9, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. DANIEL RAMOS GARCIA, Defendant and Appellant. B197638 California Court of Appeal, Second District, Second Division January 9, 2008

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. PA051751

THE COURT:

Daniel Ramos Garcia (appellant) appeals from the judgment entered following a contested probation violation hearing. On September 16, 2005, appellant pleaded no contest to one count of assault with a firearm in violation of Penal Code section 245, subdivision (a)(2). He also admitted inflicting great bodily injury on the victim within the meaning of section 12022.7, subdivision (a). According to the negotiated disposition, appellant was sentenced to time served and placed on five years formal probation. Also in conformance with the plea agreement, the trial court sentenced appellant to six years in state prison, suspended. The sentence consisted of the midterm of three years for the assault and three years for the great bodily injury enhancement. Appellant’s probation was revoked in July 2006 and reinstated in August 2006. His probation was again revoked and reinstated in November 2006.

All further statutory references are to the Penal Code unless otherwise indicated.

Appellant was subsequently arrested and charged with new crimes in case No. (LB) 6LG10396-01. On March 7, 2007, at a contested probation violation hearing, the prosecutor presented documentary evidence that a jury had found appellant guilty of three misdemeanors on February 23, 2007. The trial court found appellant in violation of probation and imposed the previously suspended sentence of six years in state prison. The court awarded credits pursuant to section 2933.1, which allows for 15 percent only of presentence worktime credits and 15 percent of prison worktime credits for a person who is convicted of a felony offense listed in section 667.5, subdivision (c). (§§ 2933.1, 667.5, subd. (c)(8); see People v. Daniels (2003) 106 Cal.App.4th 736, 740.)

We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an “Opening Brief” containing an acknowledgment that he had been unable to find any arguable issues.

On August 8, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.

We have examined the entire record and are satisfied that appellant’s attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.


Summaries of

People v. Garcia

California Court of Appeals, Second District, Second Division
Jan 9, 2008
No. B197638 (Cal. Ct. App. Jan. 9, 2008)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DANIEL RAMOS GARCIA, Defendant…

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

Date published: Jan 9, 2008

Citations

No. B197638 (Cal. Ct. App. Jan. 9, 2008)