Opinion
E052376
08-09-2011
THE PEOPLE, Plaintiff and Respondent, v. JESSE GEORGE RAMIREZ, Defendant and Appellant.
Allison K. Simkin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.Nos. RIF142368, RIF150476, RIF152107)
OPINION
APPEAL from the Superior Court of Riverside County. James T. Warren, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed
Allison K. Simkin, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant pleaded guilty in three separate cases and received an aggregate sentence of 14 years 8 months.
Defendant appeals from the judgment in all three cases. We affirm.
I
PROCEDURAL BACKGROUND
On July 2, 2008, defendant was charged in an information in case number RIF142368 (case one) with two counts of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (c)), misdemeanor battery (§ 243, subd. (e)(1)), and misdemeanor use of force against a minor (§ 242). It was also alleged that defendant had suffered one prior serious or violent felony offense (§§ 667, subds. (c), (e)(1) & 1170.12, subd. (c)(1)) and had served three prior prison terms (§ 667.5, subd. (b)).
All further statutory references are to the Penal Code unless otherwise indicated.
On July 29, 2009, defendant was charged in an amended felony complaint in case number RIF150476 (case two) with corporal injury to a spouse or former spouse or cohabitant (§ 273.5, subd. (a)), assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)), a misdemeanor violation of causing a child mental and physical suffering (§ 273 a, subd. (a)), and a misdemeanor violation of violating the personal liberty of a victim (§ 286). It was further alleged that defendant was free on bail when he committed the offenses (§ 12022.1) and that he had suffered one prior serious or violent felony offense ((§§ 667, subds. (c), (e)(1) & 1170.12, subd. (c)(1)).
Finally, on August 7, 2009, in case number RIF152107 (case three), defendant was charged with assault with a deadly weapon (§ 245, subd. (a)(1)) and graffiti causing damage over $400 (§ 594, subd. (b)). It was also alleged that defendant had suffered one prior serious or violent felony offense (§§ 667, subds. (c), (e)(1) & 1170.12, subd. (c)(1)), and had served three prior prison terms (§ 667.5, subd. (b)).
Defendant entered into a plea deal on all three cases. On case one, defendant admitted all four counts. In addition, he admitted the allegations that he had suffered the serious or violent prior conviction and that he had served the three prior prison terms. Defendant agreed upon a one-strike sentence of 8 years 8 months on the assault upon a peace officer charges, and sentences on the remaining misdemeanor counts would be served concurrently.
On case two, he admitted the charge of corporal injury on a cohabitant or spouse, the on-bail allegation on that count, and that he had suffered one prior serious or violent felony conviction. He agreed to a sentence of four years, which would run consecutive to case one. The remaining counts and on-bail allegations for those counts would be dismissed.
In case three, defendant admitted to assault with a deadly weapon and all of the prior conviction allegations. The agreed-upon sentence was 2 years, which would run consecutive to the sentences in cases one and two. The remaining counts and allegations would be dismissed.
Defendant brought a motion to vacate the plea in case three on the ground that he was not guilty of the charges, and his attorney had misadvised him of the consequences of the plea. The motion was denied.
Defendant was then sentenced to the agreed-upon sentence in all three cases for a total state prison sentence of 14 years 8 months.
At sentencing, the trial court struck the three prior prison terms in cases one and three.
Defendant filed notices of appeal in all three cases on November 30, 2010, "based on the sentence or other matters occurring after the plea." He also filed a request for a certificate of probable cause. The certificate of probable cause was never forwarded to the trial court due to defendant's failure to state reasons for granting the certificate.
II
STATEMENT OF FACTS
In case one, Riverside Police Officer Miguel Rivera and two other officers went to Gould Street in the County of Riverside based on reports of a fight. When they arrived at the location, Officer Rivera was met by Maria Marquez, who told him that defendant had been in a fight with a man named Moises. Marquez had tried to intervene, and defendant had hit her twice with the back of his hand. Marquez's son had also tried to intervene, and defendant had punched him in the face. Both had red marks on their faces.
Defendant pleaded guilty in all three cases prior to trial. The facts for case one are drawn from the preliminary hearing. The only facts for cases two and three are listed in the complaint, and the trial court found the complaint was the factual basis for the plea.
Defendant came out of his upstairs apartment, yelled obscenities at Marquez and Moises, and threatened them. Officer Rivera ordered defendant to come down. Defendant went back in the apartment, then reemerged and threw a glass bottle at Officer Rivera's head. It did not strike him. Defendant threw another glass bottle at one of the other officers but did not strike him.
In case two, defendant admitted to the allegation that on April 20, 2009, while he was out on bail, he inflicted corporal injury upon his wife. In case three, he admitted that he assaulted Salvador Alvarado with a bat on August 5, 2009, by means of force likely to produce great bodily injury and with a deadly weapon.
III
DISCUSSION
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 requesting this court undertake a review of the entire record as it pertains to sentencing and matters occurring after the plea.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (1996) 40 Cal.4th 106, we independently reviewed the record for potential error. We have now completed our independent review of the record and find no arguable issues.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RICHLI
J.
We concur: RAMIREZ
P.J.
KING
J.