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People v. Oliva

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Feb 9, 2012
H037058 (Cal. Ct. App. Feb. 9, 2012)

Opinion

H037058

02-09-2012

THE PEOPLE, Plaintiff and Respondent, v. OCTAVIO ALCALA OLIVA, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Monterey County Super. Ct. No. SS100165)

Defendant Octavio Alcala Oliva was charged by amended information filed January 6, 2011, with two counts of attempted robbery (Pen. Code, §§ 664, 211 (counts 1 & 2)), and two counts of assault with force likely to produce great bodily injury (§ 245, subd. (a)(1) (counts 3 & 4)). Counts 1 and 3 contained the further allegation that defendant had inflicted great bodily injury in the commission of the offenses alleged. (§ 12022.7, subd. (a).) The amended information further alleged that defendant had suffered a previous felony conviction within the meaning of section 1170.12, subdivision (c)(1), one prison prior within the meaning of section 667.5, and one prior serious felony pursuant to section 667, subdivision (a)(1). The charges were based upon an incident in which defendant approached two victims in the town of Gonzales and assaulted both with a piece of lumber, breaking the arm of one of them.

Further unspecified section references are to the Penal Code.

Pursuant to a negotiated agreement, defendant pleaded guilty to counts 3 and 4 and admitted the prior strike and the prior serious felony in exchange for the promised dismissal of the prison prior, dismissal of counts 1 and 2, and a prison term of 14, 16, or 18 years. The trial court sentenced defendant to 16 years in prison and struck counts 1 and 2 and the prison prior in the interests of justice. (§ 1385.)

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. DISCUSSION

Defendant did not request a certificate of probable cause, and, therefore, the appeal is inoperative insofar as it might challenge constitutional, jurisdictional, or other grounds going to the legality of the proceedings. (§ 1237.5, subd. (a).) The certificate is not required when the notice of appeal states, as this one does, that it is based upon the sentence or other matters that arose after entry of the plea that do not affect the validity of the plea. (Cal. Rules of Court, rule 8.304(b)(4).) Accordingly, we have reviewed the whole record pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, focusing upon the sentence and matters that arose after entry of the plea. Having done so, we can find no arguable issue for appeal.

II. DISPOSITION

The judgment is affirmed.

Premo, J.

WE CONCUR:

Rushing, P.J.

Elia, J.


Summaries of

People v. Oliva

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Feb 9, 2012
H037058 (Cal. Ct. App. Feb. 9, 2012)
Case details for

People v. Oliva

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. OCTAVIO ALCALA OLIVA, Defendant…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

Date published: Feb 9, 2012

Citations

H037058 (Cal. Ct. App. Feb. 9, 2012)