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People v. Leon

California Court of Appeals, Fourth District, First Division
Sep 11, 2008
No. D052440 (Cal. Ct. App. Sep. 11, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. RAUL LEON, Defendant and Appellant. D052440 California Court of Appeal, Fourth District, First Division September 11, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Imperial County No. JCF20347, Christopher W. Yeager, Judge.

HUFFMAN, Acting P. J.

A jury found Raul Leon guilty of possessing a weapon in prison (Pen. Code, § 4502, subd. (a)). The court sentenced him to the three-year middle prison term to be served consecutively to the sentence he was serving. Leon appeals. We affirm.

BACKGROUND

On September 16, 2006, Centinela State Prison Correctional Officers Mariano Lopez and Jimmy Trujillo were escorting an inmate named Miranda from the visiting area. An inmate named Hernandez ran up, stabbed Miranda with a sharpened metallic object, then ran away. Trujillo chased Hernandez, ordering him to get down. When Trujillo caught Hernandez, Hernandez tossed the metallic object to Leon, who was about 10 feet away and was also an inmate. Leon caught the object and ran away, then stopped and threw it between two prison buildings. He ran a little further before complying with a correctional officer's command to get down. Another correctional officer found the metallic object on the far side of the fence between the prison buildings. It was about six inches long, pointed at one end and wrapped with a sheet at the other end. It could be used to kill a person.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to 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, he lists, as possible, but not arguable issues: (1) whether the trial court prejudicially erred by giving a flight instruction (CALCRIM No. 372); (2) whether it erred, although there was no objection, by giving CALCRIM Nos. 223 (direct and circumstantial evidence) and 302 (evaluating conflicting evidence); and (3) whether it properly denied a pretrial motion to exclude the class of all correctional officers from the jury.

We granted Leon 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, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Leon has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: NARES, J., McDONALD, J.


Summaries of

People v. Leon

California Court of Appeals, Fourth District, First Division
Sep 11, 2008
No. D052440 (Cal. Ct. App. Sep. 11, 2008)
Case details for

People v. Leon

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RAUL LEON, Defendant and…

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

Date published: Sep 11, 2008

Citations

No. D052440 (Cal. Ct. App. Sep. 11, 2008)