Opinion
D070839
02-03-2017
THE PEOPLE, Plaintiff and Respondent, v. LUCIANO VELASQUEZ, Defendant and Appellant.
Nancy J. King, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCN297958) APPEAL from a judgment of the Superior Court of San Diego County, Harry L. Powazek, Judge. Affirmed. Nancy J. King, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Luciano Velasquez entered guilty pleas to two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(2)) and admitted the use of a firearm within the meaning of section 186.22, subdivision (b)(2) and the use of a firearm within the meaning of section 12022.5, subdivision (a). The plea agreement included a stipulated sentence of 19 years in prison. The court imposed the stipulated sentence.
All further statutory references are to the Penal Code unless otherwise specified. --------
At a contested restitution hearing the court ordered Velasquez to pay the victim restitution in the amount of $11,869.15.
Velasquez filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating she has not been able to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Velasquez the opportunity to file his own brief on appeal. Velasquez has responded with a supplemental letter brief, which we will discuss below.
STATEMENT OF FACTS
In October 2011, the victim and her brother went for a walk in Carlsbad. The two met the victim's boyfriend outside of their house. While they were on the sidewalk, a car pulled up and stopped. Velasquez got out of the car and confronted the victim and the two men. Velasquez asked: "Where you from?" When the group responded they were not from anywhere, Velasquez started shooting. He fired approximately five shots. The victim, her boyfriend and her brother were each wounded by the shots.
DISCUSSION
As we have indicated, appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436. As required by Anders v. California (1967) 386 U.S. 738, counsel has identified a possible, but not reasonably arguable issue to assist this court in its review of the record. The issue identified is: Whether the trial court erred in overruling the defense hearsay objection to the introduction of the records of payments to the victims by the Victims Compensation Board.
In his letter brief, Velasquez does not raise any additional issues for our review. His letter asks this court to vacate the restitution requirement because he is an indigent prisoner and he is paying for his crimes with 19 years of his life.
We have reviewed the entire record and have not identified any reasonably arguable issues for reversal on appeal. Competent counsel has represented Velasquez on this appeal.
DISPOSITION
The judgment is affirmed.
/s/_________
HUFFMAN, Acting P. J. WE CONCUR: /s/_________
NARES, J. /s/_________
HALLER, J.