Opinion
F040809.
10-31-2003
THE PEOPLE, Plaintiff and Respondent, v. RUTIN PABLO HERRERA, Defendant and Appellant.
Larry L. Dixon, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and Carlos Martinez, Deputy Attorney General, for Plaintiff and Respondent.
OPINION
THE COURT
Appellant entered a plea of guilty in case No. SF010241A (this case) to one count of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count 1) and one count of possession of paraphernalia (Health & Saf. Code, § 11364; count 2). He was found eligible for treatment pursuant to Penal Code section 1210.1. The court placed appellant on formal probation for a period of three years. One of the conditions of his probation was the standard condition that he "obey all laws." Less than four months after being placed on probation, appellant stabbed a man (Jacob Olivo) three times with a knife. As a result of the stabbing incident, appellant was convicted in a jury trial in case No. SC083300B of attempted voluntary manslaughter (Pen. Code, § 664/192, subd. (a)) and assault with a deadly weapon (Pen. Code, §245, subd. (a)(1)). Appellant had his probation revocation hearing in his drug possession case (No. SF010241A) at the same time as his sentencing hearing in the attempted voluntary manslaughter case (No. SC083300B). He was sentenced to nine years and six months on the attempted voluntary manslaughter case. His probation was revoked in the drug case, and he was sentenced to a term of two years for the possession of a controlled substance and six months for the possession of paraphernalia, both to be served concurrently with the sentence imposed in case No. SC08330B.
Appellants appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this courts invitation to submit optional additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed. --------------- Notes: Before Ardaiz, P.J., Buckley, J. and Wiseman, J.