From Casetext: Smarter Legal Research

People v. Verduzco

California Court of Appeals, First District, Fourth Division
May 16, 2007
No. A116054 (Cal. Ct. App. May. 16, 2007)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO CASILLIAS VERDUZCO, Defendant and Appellant. A116054 California Court of Appeal, First District, Fourth Division May 16, 2007

NOT TO BE PUBLISHED

San Mateo County Super. Ct. No. SC061309A

Reardon, J.

Pursuant to a negotiated disposition, appellant Francisco Casillias Verduzco pled no contest to grand theft (Pen. Code, § 487, subd. (a)), admitted a prior strike (§ 1170.12, subd. (c)(1)), and admitted three state prison priors (§ 667.5, subd. (b)). In exchange, appellant was to receive a “4 year state prison top.” Consistent with the negotiated disposition, appellant was sentenced to four years in state prison.

All section references are to the Penal Code.

Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.

A recitation of the underlying facts is unnecessary in light of appellant’s plea. Appellant was informed by appellate counsel of the opportunity to file a supplemental brief and has not done so. He was represented throughout trial by counsel. The record demonstrates that appellant’s plea and admission of priors were validly entered. There was no abuse of discretion in denying appellant’s motion to strike the strike prior under Romero. Appellant was sentenced to the agreed-upon midterm of two years, which was doubled under the Three Strikes law, for a total of four years. There was no sentencing error.

People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

Sentence on the state prison priors was stayed in the interests of justice.

Judgment affirmed.

We concur: Ruvolo, P.J., Rivera, J.


Summaries of

People v. Verduzco

California Court of Appeals, First District, Fourth Division
May 16, 2007
No. A116054 (Cal. Ct. App. May. 16, 2007)
Case details for

People v. Verduzco

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO CASILLIAS VERDUZCO…

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

Date published: May 16, 2007

Citations

No. A116054 (Cal. Ct. App. May. 16, 2007)