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People v. Reyes

California Court of Appeals, Fourth District, First Division
Mar 11, 2008
No. D051740 (Cal. Ct. App. Mar. 11, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JUAN ANTONIO REYES, Defendant and Appellant. D051740 California Court of Appeal, Fourth District, First Division March 11, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of San Diego County, Herbert J. Exarhos, Judge, Super. Ct. No. SCD262886

McCONNELL, P. J.

Juan Antonio Reyes entered a negotiated guilty plea to aggravated assault (Pen. Code, §§ 245, subd. (a)(1), 1192.7, subd. (c)(23)) and admitted a criminal street gang allegation (Pen. Code, § 186.22, subd. (b)(1)). The trial court sentenced Reyes to the seven-year prison term stipulated in the plea agreement.

FACTS

On July 12, 2006, Reyes "pistol-whipped" a man with a handgun. He committed this offense for the benefit of and in association with a criminal street gang.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether Reyes's waiver of the right to appeal was valid; (2) whether the negotiated plea for a seven-year term was constitutionally valid; and (3) whether defense counsel provided effective assistance.

We granted Reyes permission to file a brief on his own behalf. He has not responded.

A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Reyes on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: HUFFMAN, J., McINTYRE, J.


Summaries of

People v. Reyes

California Court of Appeals, Fourth District, First Division
Mar 11, 2008
No. D051740 (Cal. Ct. App. Mar. 11, 2008)
Case details for

People v. Reyes

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JUAN ANTONIO REYES, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Mar 11, 2008

Citations

No. D051740 (Cal. Ct. App. Mar. 11, 2008)