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People v. Peralta

California Court of Appeals, Second District, Sixth Division
May 9, 2011
No. B227610 (Cal. Ct. App. May. 9, 2011)

Opinion

NOT TO BE PUBLISHED

Superior Court County of Santa No. 1295549 Barbara Frank J. Ochoa, Judge.

Lisa M.J. Spillman, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


GILBERT, P.J.

Cesar Peralta appeals an order of probation granted following his conviction of assault with a deadly weapon, with a finding of personal infliction of great bodily injury, and felony battery with serious bodily injury. (Pen. Code, §§ 245, subd. (a)(1), 12022.7, subd. (a), 243, subd. (d).)

At a jury trial, the prosecutor presented evidence that on April 12, 2009, Peralta struck his uncle in the head with a five-pound dumbbell. The victim suffered three minimal skull fractures, lost consciousness, and received emergency medical treatment. The jury convicted Peralta of the charged offenses and the trial court suspended imposition of sentence and granted Peralta three years of formal probation with terms and conditions including 365 days of confinement in county jail and payment of various fines, fees, and victim restitution.

We appointed counsel to represent Peralta in this appeal. After counsel's examination of the record, she filed an opening brief raising no issues.

On March 16, 2011, we advised Peralta that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.

We have reviewed the entire record and are satisfied that Peralta's attorney has fully complied with her responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur: YEGAN, J., PERREN, J.


Summaries of

People v. Peralta

California Court of Appeals, Second District, Sixth Division
May 9, 2011
No. B227610 (Cal. Ct. App. May. 9, 2011)
Case details for

People v. Peralta

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. CESAR PERALTA, Defendant and…

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

Date published: May 9, 2011

Citations

No. B227610 (Cal. Ct. App. May. 9, 2011)