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People v. Valente

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Sep 18, 2012
F064038 (Cal. Ct. App. Sep. 18, 2012)

Opinion

F064038

09-18-2012

THE PEOPLE, Plaintiff and Respondent, v. SAUL LARA VALENTE, Defendant and Appellant.

J. Edward Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. F11500924)


OPINION


THE COURT

Before Wiseman, Acting P.J., Cornell, J., and Detjen, J.

APPEAL from a judgment of the Superior Court of Fresno County. Kristi C. Kapetan, Judge.

J. Edward Jones, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

It was alleged in an information filed September 8, 2011, that appellant, Saul Lara Valente, committed the following offenses: willful infliction of corporal injury on a spouse (Pen. Code, § 273.5, subd. (a); count 1), battery with infliction of serious bodily injury (Pen. Code, § 243, subd. (d); count 2), and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 3). It was further alleged that appellant inflicted great bodily injury in the commission of the count 1 and count 3 offenses (Pen. Code, § 12022.7, subd. (e)) and that he personally used a deadly weapon in committing the count 1 offense (Pen. Code, § 12022, subd. (b)(1)).

All references to dates of events are to dates in 2011.

On October 27, pursuant to a plea agreement, appellant pled guilty to count 1 and admitted both enhancement allegations, and the court dismissed the remaining counts.

One of the terms of the plea agreement was that appellant would receive a prison sentence of no more than three years. On November 29, the court imposed a three-year prison term, consisting of the two-year lower term on the substantive offense and one year on the weapon use enhancement. The court also imposed a three-year term on the count 1 serious bodily injury enhancement, but thereafter struck that term. The court awarded presentence custody credits of 190 days, consisting of 166 days of actual time credit and 24 days of conduct credit.

On December 14, appellant filed a timely notice of appeal. He did not request, and the court did not issue, a certificate of probable cause (Pen. Code, § 1237.5).

Appellant's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this court's invitation to submit additional briefing. We affirm.

FACTS

Our factual statement is taken from the report of the probation officer.
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On June 16, appellant and the victim, his wife, were outside their home when, during an argument about whether appellant had been seeing other women, "[t]hey started fighting." The victim fell to the ground, and appellant kicked her in the stomach and struck her in the head with a piece of wood. The victim called 911, but the "authorities did not show up." Shortly after midnight, the victim was not feeling well, and appellant took her to the hospital where Fresno County deputy sheriffs, who had been called after the victim reported that appellant had injured her, observed a "deep laceration on the right side of [the victim's] head." Medical personnel used seven staples to close the wound.

DISCUSSION

Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The judgment is affirmed.


Summaries of

People v. Valente

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Sep 18, 2012
F064038 (Cal. Ct. App. Sep. 18, 2012)
Case details for

People v. Valente

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SAUL LARA VALENTE, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

Date published: Sep 18, 2012

Citations

F064038 (Cal. Ct. App. Sep. 18, 2012)