Filed
5/29/13 P. v.
Polloreno CA2/7
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opinion has not been certified for publication or ordered published for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.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
SEVEN
THE PEOPLE,
Plaintiff and Respondent,
v.
MARTY LYN POLLORENO,
Defendant and Appellant.
B242579
(Los Angeles
County
Super. Ct.
No. KA095652)
APPEAL from
a judgment of the Superior Court
of
County,
Mike Camacho, Judge.
Affirmed.
Ava R.
Stralla, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
_____________________
Marty Lyn
Polloreno was charged in an information with the attempted willful, deliberate
and premeditated murder of Ruben Pacheco (Pen. Code, §§ 187,
subd. (a), 664, count 1)
name="_ftnref1" title="">[1] and assault with a deadly
weapon (§ 245, subd. (a)(1), count 2).
As to the attempted murder count it was specially alleged Polloreno had
personally used a deadly weapon to commit the offense (§ 12022, subd.
(b)(2)). As to both counts the
information specially alleged Polloreno had personally inflicted great bodily
injury on Pacheco in committing the offenses (§ 12022.7, subd. (a)). Represented by retained counsel, Polloreno
pleaded not guilty to the charges and denied the special allegations.
According to the evidence at trial,
Polloreno confronted Pacheco outside Pacheco’s home and stabbed him. Pacheco required surgery for injuries to his
abdomen and chest. The jury convicted
Polloreno as charged and found true the special allegations.
The trial court granted defense
counsel’s motion to be relieved as counsel of record and appointed the
alternate public defender to represent Polloreno on his motion for a new trial
based on ineffective assistance of counsel.
At the sentencing hearing the court heard and denied Polloreno’s motion
for a new trial and a request to stay his sentence for attempted murder. The court sentenced Polloreno to an
indeterminate term of life in prison with the possibility of parole for
attempted murder, plus determinate terms of one year for the weapon-use
enhancement under section 12022, subdivision (b)(1),
bodily injury
enhancement. The court stayed imposition
of sentence for assault with a deadly weapon pursuant to section 654. The court ordered Polloreno to pay a $40
court security fee, a $30 criminal conviction assessment, a $240 restitution
fine and $4,934.08 in victim restitution. The court imposed and suspended a parole
revocation fine pursuant to section 1202.45.
Polloreno was awarded a total of 322 days of presentence credit
(280 actual days and 42 days conduct credit).
We appointed
appeal. After examination of the record,
counsel filed an opening brief in which no issues were raised. On January 14, 2013 we advised Polloreno he had 30 days in
which to personally submit any contentions or issues he wished us to
consider. No response has been received
to date.
We have examined the record
and are satisfied Polloreno’s attorney has fully complied with the
responsibilities of counsel and no arguable
issue exists. (Smith
v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756];
112-113; People v. Wende (1979) 25 Cal.3d
436, 441.)
The
judgment is affirmed.
PERLUSS,
P. J
We
concur:
WOODS,
J.
ZELON,
J.
references are to the Penal Code.
amended the weapon-use enhancement on its own motion to read section 12022,
subdivision (b)(1), rather than section 12022, subdivision (b)(2), noting that
subdivision (b)(2) only applies to the offense of carjacking.
