Opinion
F084360
01-26-2023
THE PEOPLE, Plaintiff and Respondent, v. JOEL RUBEN GARCIA, Defendant and Appellant.
Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County Super. Ct. No. F21907413 Samuel Dalesandro, Judge.
Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
THE COURT[*]
Appointed counsel for defendant Joel Ruben Garcia 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.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
BACKGROUND
On September 19, 2021, defendant committed a battery upon a custodial officer in the performance of his duties.
On September 21, 2021, defendant was charged with battery upon a custodial officer (Pen. Code, § 243.1; count 1). The complaint further alleged defendant had sustained a prior juvenile adjudication of a serious or violent felony that constituted a "strike" within the meaning of the "Three Strikes" law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).
On March 23, 2022, defendant pled no contest to count 1 in exchange for a two-year midterm to be served concurrently to the 26-year term in another case and dismissal of the strike allegation.
The same day, the trial court sentenced defendant to two concurrent years, as agreed. On May 16, 2022, defendant filed a notice of appeal.
DISCUSSION
Having undertaken an examination of the entire record, we find no evidence to support any arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
[*] Before Hill, P. J., Poochigian, J. and Snauffer, J.