P. v. Alvarado
Filed 1/25/10 P. v. Alvarado CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. STEVE ALVARADO, Defendant and Appellant. | F057817 (Super. Ct. No. 1242023) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Stanislaus County. Dawna F. Reeves, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appellant Steve Alvarado pled no contest to assault with a deadly weapon (Pen. Code, 245, subd. (a)(1))[1]and admitted an enhancement allegation that in committing that offense he personally inflicted great bodily injury ( 12022.7, subd. (a)). The court imposed a prison term of six years, consisting of three years on the substantive offense and three years on the enhancement.
Appellants 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. (Peoplev.Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this courts invitation to submit additional briefing. We will affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Facts
Prior to the entry of appellants plea, the prosecutor stated, and defense counsel agreed, that the factual basis for appellants plea was the following: On or about February 25, 2008,[2]appellant struck his 87-year-old mother with a stick several times about her face and head. The victim suffered fractures to her face area and required hospitalization and severe suturing and staples.
Procedural History
It was alleged in a criminal complaint filed February 27, that appellant committed assault with a deadly weapon and elder abuse in which the victim suffered great bodily injury ( 368, subd. (b)(2)); in committing the former offense appellant personally inflicted great bodily injury ( 12022.7, subd. (a)); and the victim of that offense was 65 years of age or older ( 667.9, subd. (a)).
On March 20, the complaint was amended as follows: the great bodily injury enhancement was alleged under section 12022.7, subdivision (c) (victim 70 years of age or older), rather than section 12022.7, subdivision (a); the section 667.9 allegation was stricken; and it was specified that appellant committed elder abuse in violation of section 368, subdivision (b)(2)(B), rather than section 368, subdivision (b)(2). Also on that date, the court ordered criminal proceedings suspended and that appellants mental competence be determined pursuant to section 1368.
On April 16, the court found appellant incompetent, and on May 28 the court ordered appellant committed to Atascadero State Hospital (ASH).
On April 9, 2009, the court, after receiving a certification of mental competency from the Director of ASH, found appellant competent and reinstated criminal proceedings.
On April 23, 2009, the following occurred: the complaint was again amended, to allege the great bodily injury enhancement under subdivision (a) of section 12022.7; appellant entered his plea pursuant to a plea agreement, the terms of which included that he would receive a prison sentence of six years; the court dismissed the elder abuse charge; and the court imposed sentence.
On May 28, 2009, appellant filed a notice of appeal in which he requested that the court issue a certificate of probable cause. On June 1, 2009, the court denied that request.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
The judgment is affirmed.
Publication courtesy of California pro bono legal advice.
Analysis and review provided by La Mesa Property line attorney.
San Diego Case Information provided by www.fearnotlaw.com
*Before Wiseman, Acting P.J., Dawson, J., and Poochigian, J.
[1]All statutory references are to the Penal Code.
[2]Except as otherwise indicated, all references to dates of events are to dates in 2008.
