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People v. Perkins

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Jan 26, 2012
H037055 (Cal. Ct. App. Jan. 26, 2012)

Opinion

H037055

01-26-2012

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH PERKINS, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. Nos. SS100810A, SS101331A, SS110369A)

On March 26, 2010, in case No. SS100810A, defendant Joseph Perkins was charged by information with two counts of receiving stolen property (Pen. Code, § 496, subd. (a); counts 1 & 4) and one count of first degree burglary (§ 459; count 3). The information further alleged that defendant had served two prior prison terms. (§ 667.5, subd. (b).)

The record on appeal contains documents that also refer to defendant as "Joseph Lopez Perkins."

All further statutory references are to the Penal Code.

The information also alleged a charge against a codefendant, who is not a party to this appeal.
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On or about October 7, 2010, in case No. SS101331A, defendant was charged by amended information with assault with a deadly weapon and by means of force likely to produce great bodily injury (former § 245, subd. (a)(1); count 1) and possession of a weapon by a prisoner (§ 4502, subd. (a); count 2). The information further alleged that defendant had served two prior prison terms. (§ 667.5, subd. (b).)

On March 10, 2011, in case No. SS110369A, defendant was charged by information with two counts of dissuading a witness by force or threat. (§ 136.1, subd. (c)(1).) The information further alleged that defendant had served two prior prison terms. (§ 667.5, subd. (b).)

On March 28, 2011, defendant entered into a plea bargain in all three cases whereby he would receive a total term of five years in prison. Pursuant to the plea bargain, in case No. SS101331A, defendant pleaded no contest to assault by means of force likely to produce great bodily injury (former § 245, subd. (a)(1)), with the understanding that it would not constitute a strike conviction. In case No. SS100810A, defendant pleaded no contest to count 1 and guilty to count 4, receiving stolen property. (§ 496, subd. (a).) In case No. SS110369A, the information was amended to add a count for making criminal threats (§ 422; count 3), and defendant pleaded no contest to this count. Dismissal of the remaining charges was taken under submission until the time of sentencing.

According to the probation report, which was based on reports by the California Highway Patrol, the Monterey County Sheriff's Office, and the Monterey County District Attorney's Office, the circumstances of defendant's offenses were as follows. On January 26, 2010, California Highway Patrol officers executed a search warrant on defendant's residence and found a car stereo and keys. Officers later determined that the car stereo was stolen and that one of the keys could be used to unlock and start the victim's vehicle from which the stereo had been stolen. Defendant was arrested on February 11, 2010. At the time of the arrest, defendant was in possession of a laptop computer case, software, and cords that had been stolen from a residence a few days earlier. The victim of the burglary told officers that a mechanic, who the victim later identified as defendant, had previously done work on the victim's car and that, on the day of the burglary, defendant had left a note on the victim's door concerning money that the victim purportedly owed defendant. In May 2010, while defendant was in jail, he punched and choked another inmate. Defendant then used the sharpened handle of a plastic "spork" to stab the victim, causing puncture marks in the victim's right hand and left shoulder blade. An inmate who witnessed the attack told law enforcement that he would testify against defendant. In late 2010, this inmate received threatening letters in an envelope that was sent from defendant. The inmate felt that his life was being threatened as a result of the letters. The inmate received at least one additional letter sent by defendant which "spoke of harming the [witness's] family, specifically his children."

On May 12, 2011, the trial court sentenced defendant to a total term of five years in prison pursuant to the plea bargain. The sentence was calculated as follows. In case No. SS101331A, for assault by means of force likely to produce great bodily injury (former § 245, subd. (a)(1)), defendant received the middle term of three years. In case No. SS100810A, for two counts of receiving stolen property (§ 496, subd. (a)), defendant received a consecutive term of eight months, or one-third the middle term, for each count. In case No. SS110369A, for making criminal threats (§ 422), defendant received a consecutive term of eight months, or one-third the middle term. The remaining counts and enhancements were dismissed. The court granted defendant 540 days of custody credits in case No. SS101331A, and 134 days of custody credits in case No. SS100810A.

Defendant filed a notice of appeal and request for certificate of probable cause on June 14, 2011. The trial court granted the request for a certificate of probable cause by order dated June 20, 2011.

We appointed counsel to represent defendant in this court. While the appeal was pending, the trial court corrected defendant's presentence custody credits in case No. SS100810A by granting him one additional day of actual custody credit, for a total of 135 days of custody credits. The abstract of judgment was amended accordingly.

Appointed counsel has filed a brief in this court which states the case and facts but which raises no 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 response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

The judgment is affirmed.

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BAMATTRE-MANOUKIAN, J.
WE CONCUR:

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RUSHING, P.J.

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PREMO, J.


Summaries of

People v. Perkins

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Jan 26, 2012
H037055 (Cal. Ct. App. Jan. 26, 2012)
Case details for

People v. Perkins

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOSEPH PERKINS, Defendant and…

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

Date published: Jan 26, 2012

Citations

H037055 (Cal. Ct. App. Jan. 26, 2012)

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People v. Perkins

This court affirmed the judgment in an unpublished opinion. (People v. Perkins (Jan. 26, 2012, H037055).) In…