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People v. Garcia

California Court of Appeals, Second District, Sixth Division
May 4, 2009
2d Crim. B211566 (Cal. Ct. App. May. 4, 2009)

Opinion

NOT TO BE PUBLISHED

Superior Court County of Ventura, Super. Ct. No. 2007017472, Bruce A. Clark, Judge

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


GILBERT, P.J.

Lupio Garcia appeals a judgment of conviction entered after he expressly waived his constitutional rights and right to a preliminary examination, and pleaded guilty to attempted murder. Garcia also admitted that he personally used a firearm in committing the offense, inflicted great bodily injury upon the victim, and committed the offense to benefit a criminal street gang. (Pen. Code, §§ 664, 187, subd. (a), 12022.5, subd. (a), 12022.7, subd. (a), 186.22, subd. (b)(1).) The trial court sentenced Garcia to a 25-year term and imposed a $5,000 restitution fine and a $5,000 parole revocation restitution fine. It dismissed a charged count of committing street terrorism. (Id., § 186.22, subd. (a).) The court awarded Garcia 510 days of presentence custody credits and ordered payment of victim restitution.

We appointed counsel to represent Garcia in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.

On January 30, 2009, we advised Garcia that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response from him.

We have reviewed the entire record and are satisfied that Garcia's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur: YEGAN, J., COFFEE, J.


Summaries of

People v. Garcia

California Court of Appeals, Second District, Sixth Division
May 4, 2009
2d Crim. B211566 (Cal. Ct. App. May. 4, 2009)
Case details for

People v. Garcia

Case Details

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

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

Date published: May 4, 2009

Citations

2d Crim. B211566 (Cal. Ct. App. May. 4, 2009)