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People v. Mora

California Court of Appeals, Sixth District
Dec 18, 2008
No. H032710 (Cal. Ct. App. Dec. 18, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent v. OSCAR MORA, Defendant and Appellant. H032710 California Court of Appeal, Sixth District December 18, 2008

NOT TO BE PUBLISHED

Monterey County Super. Ct. No. SS070960

Premo, J.

Defendant Oscar Mora was charged and convicted by a jury of one count of possession of a weapon by a prisoner. (Pen. Code, § 4502, subd. (a).) The jury also found true the four prior serious or violent felony convictions alleged. (§ 1170.12.) Defendant was sentenced to 25 years to life in prison. Defendant has appealed.

Further unspecified section references are to the Penal Code.

We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from defendant.

I. Background

Defendant was an inmate in Salinas Valley State Prison. On October 28, 2006, upon returning from the yard, Officer Jose Carlos performed a routine pat search and found an item made up of two narrow razor blades taped to the back of defendant’s identification card in his back pocket. Defendant was charged by information as set forth above. Jury trial commenced on November 5, 2007. Officer Carlos testified that, in his experience, the item he found could be used to cut a person. Antonio Rodriguez, the district attorney’s investigator, was assigned to examine the item. He testified that he had previously seen such items used as weapons. Defendant did not testify.

The jury returned a guilty verdict on the single count. Thereafter, the jury heard evidence pertaining to the four strike priors alleged. The jury found those allegations to be true. The trial court denied defendant’s Romero motion and sentenced defendant to 25 years to life in prison consecutive to the term he was serving. The court imposed a restitution fine of $200 (§ 1202.4, subd. (b)) and a court security fee of $20 (§ 1465.8, subd. (a)(1)). The court imposed and suspended a parole revocation fine of $200. (§ 1202.45.)

People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

II. Discussion

We have reviewed the whole record pursuant to People v. Wende (1979) 25 Cal.3d 436, to ascertain if there is an arguable issue for appeal. We conclude that, based upon the record before us, there is no arguable issue for appeal.

III. Disposition

The judgment is affirmed.

WE CONCUR: Rushing, P.J., Elia, J.


Summaries of

People v. Mora

California Court of Appeals, Sixth District
Dec 18, 2008
No. H032710 (Cal. Ct. App. Dec. 18, 2008)
Case details for

People v. Mora

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent v. OSCAR MORA, Defendant and…

Court:California Court of Appeals, Sixth District

Date published: Dec 18, 2008

Citations

No. H032710 (Cal. Ct. App. Dec. 18, 2008)