Opinion
F085196
08-04-2023
THE PEOPLE, Plaintiff and Respondent, v. ANGELOU XAVIER GARZA, Defendant and Appellant.
Kristine Koo, 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NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Merced County. No. 20CR-04205 Steven K. Slocum, Judge.
Kristine Koo, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
THE COURT [*]
STATEMENT OF APPEALABILITY
Appellant, Angelou Xavier Garza, appeals from a final judgment of conviction following a no contest plea, appealable under Penal Code section 1237, subdivision (b).
All statutory references are to the Penal Code unless otherwise stated.
STATEMENT OF THE CASE
On May 17, 2022, the Merced County District Attorney filed a seven-count information charging Garza with arson of a structure (§ 451, subd. (c); count 1); arson of forest land (§ 451, subd. (c); counts 2-6); and arson of property (§ 451, subd. (b); count 7). The information further alleged that on September 26, 2016, Garza suffered a previous conviction in Merced County for arson of property (§ 451, subd. (b)) within the meaning of the Three Strikes Law (§ 667, subds. (b)-(i); 1170.12). The information also alleged an allegation for a prior serious felony under section 667, subdivision (a)(1), and a special allegation under section 451.1, subdivision (a), that Garza has previously been convicted of a felony violation of section 451.
On July 6, 2022, Garza pled no contest to count 1 and admitted the prior strike. The court dismissed the remaining charges and enhancements. Garza was sentenced to a stipulated upper term of six years doubled as to the strike enhancement for a total of 12 years. There were time credits of 726 actual and 726 local conduct, for a total of 1,452 days. The court imposed fines and fees and reserved jurisdiction as to victim restitution.
On October 26, 2022, Garza appeared via video to contest the victim restitution. At the hearing, Merced County Public Works ("Public Works") requested $5,000, the deductible on its insurance claim. Public Works submitted a "Proof of Loss" showing a $7,403.86 loss to the Delhi Veterans Hall. Public Works had paid the $5,000 deductible on the loss. Garza did not want to pay the restitution but provided no evidence. The court ordered Garza to pay victim restitution in the amount of $7,403.86 to Public Works.
On October 28, 2022, Garza timely filed a notice of appeal from the order setting victim restitution.
Garza pled to this count on July 6, 2022. The factual basis is also provided by the preliminary hearing of May 9, 2022.
On or around July 10, 2020, Garza set fire and burned the Veterans of Foreign Wars Hall in Delhi.
APPELLATE COURT REVIEW
Garza's appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues, and requests this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also includes the declaration of appellate counsel indicating Garza was advised he could file his own brief with this court. By letter on May 18, 2023, we invited Garza to submit additional briefing. To date, he has not done so.
Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to Garza.
DISPOSITION
The trial court's October 26, 2022, order setting victim restitution is affirmed.
[*] Before Levy, Acting P. J., Smith, J. and Snauffer, J.