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People v. Mejia

California Court of Appeals, Fourth District, Second Division
Oct 16, 2007
No. E043000 (Cal. Ct. App. Oct. 16, 2007)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. GABRIEL VALENZUELA MEJIA, Defendant and Appellant. E043000 California Court of Appeal, Fourth District, Second Division October 16, 2007

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County No. INF055143, James S. Hawkins, Judge.

Anna M. Jauregui, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RAMIREZ, P.J.

In case No. INF055143, filed by the District Attorney of Riverside County, defendant was charged with first degree murder, (Pen. Code, §§ 187, subd. (a), 189, 190) (count one) and with personally discharging a firearm and causing death (§§ 12022.53, subd. (d), 1192.7, subd. (c)(8)).

All further statutory references are to the Penal Code unless otherwise indicated.

On January 31, 2007, pursuant to sections 859a and 1192.7, defendant, represented by counsel, pled guilty to count two of the amended complaint (second degree murder, § 187) and admitted the personal use allegation filed pursuant to section 12022.5, subdivision (a). In accordance with the negotiated disposition, defendant was committed to state prison for an aggregate term of 25 years to life and in case No. INF036636 probation was revoked and terminated.

Statement of Facts

There was no preliminary hearing or probation report. The facts are based on the factual basis stipulated to at the guilty plea hearing: “I shot Orlando Lopez with a handgun without justification under the law, resulting in his unlawful death.”

Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

Disposition

The judgment is affirmed.

We concur: McKINSTER, J. GAUT, J.


Summaries of

People v. Mejia

California Court of Appeals, Fourth District, Second Division
Oct 16, 2007
No. E043000 (Cal. Ct. App. Oct. 16, 2007)
Case details for

People v. Mejia

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. GABRIEL VALENZUELA MEJIA…

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

Date published: Oct 16, 2007

Citations

No. E043000 (Cal. Ct. App. Oct. 16, 2007)

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People v. Mejia

This court affirmed the judgment. (People v. Mejia (Oct. 16, 2007, E043000) [nonpub. opn.].) On November 8,…