Opinion
E052940
08-15-2011
THE PEOPLE, Plaintiff and Respondent, v. JORGE ROGELIO SANCHEZ RAMIREZ, Defendant and Appellant.
Victoria Matthews, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.No. SWF10002198)
OPINION
APPEAL from the Superior Court of Riverside County. Angel M. Bermudez, Judge. Affirmed.
Victoria Matthews, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
INTRODUCTION
On December 17, 2010, an amended complaint charged defendant and appellant Jorge Rogelio Sanchez Ramirez with attempted murder under Penal Code sections 664 and 187, subdivision (a) (count 1), and assault with a deadly weapon under section 245, subdivision (a)(1) (count 2). The complaint also alleged that (1) as to count 1, defendant personally used a deadly weapon under sections 1192.7, subdivision (c)(23), and 12022, subdivision (b), and personally inflicted great bodily injury under sections 1192.7, subdivision (c)(8), and 12022.7, subdivision (a); and (2) as to count 2, defendant personally inflicted great bodily injury under sections 1192.7, subdivision (c)(8), and 12022.7, subdivision (a).
All statutory references are to the Penal Code unless otherwise specified.
On that same day, defendant pled guilty to count 1 and admitted both allegations, in exchange for a stipulated sentence of eight years in state prison and a dismissal of the balance of the complaint.
On January 21, 2011, the trial court sentenced defendant to eight years in state prison—the low term of five years for count 1 plus three years for the great bodily injury enhancement. The court struck the one-year term for the personal use of a deadly weapon enhancement. The remaining count and allegation were dismissed in the interest of justice. The court awarded defendant with 117 days of credit (102 actual plus 15 conduct). The court ordered defendant to pay the following fees and fines: $200 restitution fine under Penal Code section 1202.4, subdivision (b); $200 parole revocation restitution fine under Penal Code section 1202.45, which was stayed unless parole is revoked; $40 court security fee under Penal Code section 1465.8, subdivision (a)(1); $30 criminal conviction assessment under Government Code section 70373; and $1,450 victim restitution under Penal Code section 1202.4, subdivision (f).
On February 14, 2011, defendant filed a timely notice of appeal.
STATEMENT OF FACTS
The parties stipulated that the charging document provided the factual basis for the plea and the trial court so found. In his change of plea form, defendant stated: "I agree that I did the things that are stated in the charges that I am admitting."
ANALYSIS
After 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 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
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 (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKinster
Acting P.J.
We concur:
Richli
J.
Codrington
J.