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People v. Higuera

California Court of Appeals, Fourth District, First Division
Jul 24, 2008
No. D052139 (Cal. Ct. App. Jul. 24, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JESUS OMAR HIGUERA, Defendant and Appellant. D052139 California Court of Appeal, Fourth District, First Division July 24, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCD208031, Timothy R. Walsh, Judge.

McINTYRE, J.

Jesus Omar Higuera entered negotiated guilty pleas to assault likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)) and robbery (§ 211) and admitted that he personally used a firearm within the meaning of section 12022.7 during the robbery. Higuera also admitted that he had a prior serious/violent felony or strike conviction (§ 667, subds. (b)-(i)). Under the plea bargain, the prosecution agreed to dismiss charges of mayhem, attempted robbery and felon possession of a firearm as well as allegations that Higuera had served three prior prison terms within the meaning of section 667.5, subdivision (b). The parties agreed to a stipulated prison sentence of 11 years in the instant case, which was to be run consecutive to a term of 16 months in superior court case number SCS212664, for an aggregate sentence of 12 years, four months.

Statutory references are to the Penal Code.

In superior court case number SCS212664, Higuera pleaded guilty to possession of a firearm by a felon.

The trial court sentenced Higuera in accordance with the plea bargain.

Two months later, Higuera wrote the court seeking a reduction of his sentence. The court construed Higuera's letter as a request under section 1170, subdivision (d), and denied the request.

Higuera did not obtain a certificate of probable cause.

FACTS

On July 22, 2007, Higuera approached Wyat Boykin and two companions and asked Boykin for a cigarette. After Boykin said he did not have any cigarettes, Higuera became agitated and punched Boykin in the mouth. Boykin fell to the ground; one of his teeth had been knocked out. When one of Boykin's companions, Angela Campbell, asked Higuera what he was doing, Higuera pulled up his shirt and displayed a handgun. At that point, Angela Campbell's husband, Joshua Campbell, gave a cigarette to Higuera, who then entered a vehicle which drove away from the scene. Higuera broke his hand when he punched out Boykin's tooth.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether Higuera was led to plead guilty by coercion or inadequate advice; (2) whether the presentence custody credits were correctly calculated; and (3) whether the trial court erred by denying Higuera's request to reduce the sentence.

We granted Higuera permission to file a brief on his own behalf. He has not responded.

A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Higuera on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: HUFFMAN, Acting P. J., McDONALD, J.


Summaries of

People v. Higuera

California Court of Appeals, Fourth District, First Division
Jul 24, 2008
No. D052139 (Cal. Ct. App. Jul. 24, 2008)
Case details for

People v. Higuera

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JESUS OMAR HIGUERA, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Jul 24, 2008

Citations

No. D052139 (Cal. Ct. App. Jul. 24, 2008)