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People v. Sanchez

California Court of Appeals, Fourth District, Second Division
Oct 31, 2007
No. E042937 (Cal. Ct. App. Oct. 31, 2007)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. OSCAR RAFAEL SANCHEZ, Defendant and Appellant. E042937 California Court of Appeal, Fourth District, Second Division October 31, 2007

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County Super.Ct.No. RIF132030, Edward D. Webster, Judge.

Tracy J. Dressner, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RICHLI, J.

On February 15, 2007, a jury convicted defendant of one count of attempted voluntary manslaughter (Pen. Code, §§ 664/192, subd. (a)), a lesser included offense of attempted murder (§§ 664/187, subd. (a)), and one count of assault with a deadly weapon other than a firearm (§ 245, subd. (a)(1)). The jury also found true that defendant had personally inflicted great bodily injury in violation of sections 12022.7, subdivision (a), and 1192.7, subdivision (c)(8), and that defendant had personally used a deadly and dangerous weapon in violation of sections 12022, subdivision (b)(1), and 1192.7, subdivision (c)(23).

All future statutory references are to the Penal Code unless otherwise stated.

Defendant was thereafter sentenced to a total term of seven years in state prison as follows: the middle term of three years for the attempted voluntary manslaughter conviction, plus a consecutive three years for the great bodily injury enhancement, plus a consecutive one year for the personal weapon use enhancement. The court also imposed the middle term of three years for the assault conviction and a middle term of one year for the great bodily injury enhancement but stayed those sentences pursuant to section 654. The court ordered the sentence in this case to run consecutive to defendant’s indeterminate sentence in an earlier case and ordered defendant to serve this determinate sentence first before beginning his indeterminate sentence. The court also imposed a $1400 restitution fine (§ 1202.4, subd. (b)) and a $1400 parole revocation fine (§ 1202.45), staying the latter pending successful completion of parole. He was not awarded any custody credits toward this sentence as he was serving another sentence when the crimes were committed.

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 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, and he has not done so.

We have now concluded our independent review of the record and find no arguable issues.

The judgment is affirmed.

We concur: RAMIREZ, J., McKINSTER, J.


Summaries of

People v. Sanchez

California Court of Appeals, Fourth District, Second Division
Oct 31, 2007
No. E042937 (Cal. Ct. App. Oct. 31, 2007)
Case details for

People v. Sanchez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. OSCAR RAFAEL SANCHEZ, Defendant…

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

Date published: Oct 31, 2007

Citations

No. E042937 (Cal. Ct. App. Oct. 31, 2007)