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People v. Valladares

Court of Appeals of California, Fifth District.
Nov 3, 2003
F042339 (Cal. Ct. App. Nov. 3, 2003)

Opinion

F042339.

11-3-2003

THE PEOPLE, Plaintiff and Respondent, v. SOCORRO MENA VALLADARES, Defendant and Appellant.

Richard A. Levy, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and Carlos A. Martinez, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

THE COURT

Appellant Socorro Mena Valladares pled nolo contendere to corporal injury of a spouse (Pen. Code, § 273.5, subd. (a), count two), assault with a deadly weapon by means likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)), count three), false imprisonment by violence (Pen. Code, § § 236, 237, count 6), and providing false information to a peace officer (Pen. Code, § 148.9, count eight). Valladares admitted allegations that he had a prior serious felony conviction within the meaning of the three strikes law (Pen. Code, § 1170.12) and an enhancement for committing a prior serious felony (Pen. Code, § 667, subd. (a)). Pursuant to the plea agreement, the remaining allegations were dismissed.

The trial court sentenced Valladares to the three-year midterm on count three which it doubled to six years pursuant to the three strikes law. The court imposed an additional five years to Valladaress sentence for the prior serious felony conviction for a total prison term of 11 years. The court imposed a restitution fine and granted Valladares applicable custody credits.

Valladaress appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court independently to review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Valladares was advised he could file his own brief with this court. By letter of May 21, 2003, we invited Valladares to submit additional briefing. To date, he has not done so.

After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.

The judgment is affirmed. --------------- Notes: Before Cornell, Acting P.J., Gomes, J., and Dawson, J.


Summaries of

People v. Valladares

Court of Appeals of California, Fifth District.
Nov 3, 2003
F042339 (Cal. Ct. App. Nov. 3, 2003)
Case details for

People v. Valladares

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SOCORRO MENA VALLADARES…

Court:Court of Appeals of California, Fifth District.

Date published: Nov 3, 2003

Citations

F042339 (Cal. Ct. App. Nov. 3, 2003)