Opinion
H043212
05-09-2017
THE PEOPLE, Plaintiff and Respondent, v. EVERARDO LALO VALDOVINOS, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. F1554295)
Defendant Everardo Lalo Valdovinos pleaded no contest to inflicting corporal injury (Pen. Code, § 273.5, subd. (a)), and he admitted that he had one prior strike (§§ 667, subds. (b)-(i); 1170.12) and that he had served two prior prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to four years in prison.
All further statutory references are to the Penal Code unless otherwise indicated.
On appeal, defendant's appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts, but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. That period has elapsed and we have received no response from defendant.
Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record. Following the California Supreme Court's direction in Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case.
BACKGROUND
A. Charge and Plea
Defendant argued with the victim and then punched her in the face. She suffered a laceration to her lip and a loose tooth.
As defendant was convicted by plea, the facts of defendant's offense are taken from the probation officer's waived referral memorandum, which was based on a police report.
On March 9, 2015, defendant was charged by first amended information with inflicting corporal injury on a person with whom he has, or previously had, an engagement or dating relationship (§ 273.5, subd. (a)). The information further alleged that defendant personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)), that he had a prior serious felony conviction that also qualified as a strike (§§ 667, subds. (a), (b)-(i); 1170.12), and that he had served four prior prison terms (§ 667.5, subd. (b)).
On April 30, 2015, the trial court declared a doubt as to defendant's mental competence pursuant to section 1368. The court appointed a psychologist to examine defendant. (§ 1369, subd. (a).) The psychologist submitted a report concluding that defendant was competent to stand trial. On June 11, 2015, defendant's counsel and the prosecutor submitted the matter on the psychologist's report. The court found defendant mentally competent and reinstated criminal proceedings.
On September 17, 2015, defendant pleaded no contest to inflicting corporal injury, and he admitted that he had one prior strike and that he had served two prior prison terms. Defendant entered his plea and admissions with the understanding that he would receive four years in prison. The remaining allegations were submitted for dismissal at the time of sentencing.
B. Sentencing and Appeal
On November 23, 2015, the trial court sentenced defendant to four years (the lower term, doubled) in prison. The court struck the additional punishment on the two prison prior enhancements. The court granted custody credits and ordered defendant to pay various fines and fees. The remaining counts and allegations were stricken or dismissed.
Defendant filed a notice of appeal and a request for request for certificate of probable cause. The court granted the request for the certificate. We appointed counsel to represent defendant in this court.
Defendant's notice of appeal was filed on January 25, 2016, which was 63 days after entry of judgment. (See Cal. Rules of Court, rule 8.308(a) [notice of appeal must be filed within 60 days after rendition of judgment].) However, defendant appears to have been a self-represented prisoner at the time the notice of appeal was filed, and he apparently signed the notice of appeal on January 19, 2016, which was 57 days after entry of judgment. The record on appeal contains a copy of the envelope in which the notice of appeal was mailed, and the envelope is postmarked January 21, 2016, which was 59 days after entry of judgment. We will assume that defendant's notice of appeal was timely filed under the prison-delivery rule. (In re Jordan (1992) 4 Cal.4th 116, 118-120; In re Lambirth (2016) 5 Cal.App.5th 915, 923.) --------
DISCUSSION
Having carefully reviewed the entire record, we conclude that there are no arguable issues on appeal. (Wende, supra, 25 Cal.3d at pp. 441-443.)
DISPOSITION
The judgment is affirmed.
/s/_________
BAMATTRE-MANOUKIAN, J. WE CONCUR: /s/_________
ELIA, ACTING P.J. /s/_________
MIHARA, J.