Opinion
E066291
01-18-2017
THE PEOPLE, Plaintiff and Respondent, v. JUAN MANUEL RODRIGUEZ, JR., Defendant and Appellant.
Thomas K. Macomber, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RIF1104591) OPINION APPEAL from the Superior Court of Riverside County. Michele D. Levine, Judge. Affirmed. Thomas K. Macomber, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant, Juan Manuel Rodriguez, pled guilty to attempted murder. (Count 1; Pen. Code, §§ 664, 187, subd. (a)). Defendant additionally admitted allegations he committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)) and that he personally used a firearm (§ 12022.5). Pursuant to the plea agreement, the court sentenced defendant to a 20-year term of incarceration.
All further statutory references are to the Penal Code unless otherwise indicated.
After Appellate Defender's, Inc. filed a notice of appeal, 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 and identifying one potentially arguable issue: whether defendant knowingly, voluntarily, and intelligently pled guilty. We affirm.
Defendant initially submitted a notice of appeal which was rejected as untimely on August 18, 2014. Defendant subsequently filed a petition for writ of habeas corpus requesting constructive timely filing of a notice of appeal. By opinion dated June 15, 2016, we granted defendant's petition and permitted the filing of the instant appeal. --------
I. PROCEDURAL HISTORY
On December 14, 2011, the People charged defendant by felony information with attempted premediated murder (count 1; §§ 664, 187, subd. (a)) and active participation in a criminal street gang (count 2; § 186.22, subd. (a)). The People additionally alleged as to the count 1 offense that a principal had personally discharged a firearm proximately causing great bodily injury (§ 12022.53, subds. (d), (e)) and that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)).
Pursuant to a plea agreement signed and initialed by defendant, and after the court went over the entire agreement with him, defendant pled guilty to an amended count 1 offense which eliminated the allegation that the attempted murder was premediated. (§§ 664, 187, subd. (a).) Defendant admitted he committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)) and also admitted an amended allegation that he personally used a firearm during the offense (§ 12022.5). The court expressly found defendant entered the plea and made the admissions freely, voluntarily, and knowingly.
In return, the remaining count was dismissed. The People agreed to a determinate sentence of 20 years' incarceration consisting of the seven-year midterm on the attempted murder, 10 years consecutive on the gang enhancement, and the low term of three years consecutive on the personal use enhancement. The court sentenced defendant pursuant to the plea agreement.
II. DISCUSSION
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
J. We concur: HOLLENHORST
Acting P. J. SLOUGH
J.