P. v. Baca
Filed 6/16/11 P. v. Baca CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE, Plaintiff and Respondent, v. JOSE ANTHONY BACA, Defendant and Appellant. | D058539 (Super. Ct. No. SCS241535) |
APPEAL from a judgment of the Superior Court of San Diego County, Esteban Hernandez, Judge. Affirmed.
On August 27, 2010, Jose Anthony Baca[1] was charged with first degree murder (count 1) (Pen. Code, § 187, subd. (a)),[2] and assault by a life prisoner (count 2) (§ 4500). As to each charge it was alleged that Baca personally used a deadly weapon (§ 12022, subd. (b)(1)). The complaint also alleged Baca had suffered one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, 668).
On October 19, 2010, Baca entered into a negotiated guilty plea in which he admitted having committed the charges in count 1, in exchange for dismissal of the balance of the complaint. Baca was immediately sentenced to 25 years to life in state prison, to be served consecutive to the current sentence he was serving. In addition, the trial court imposed a restitution fine of $10,000 (§ 1202.4, subd. (b)); a suspended $10,000 fine (§ 1202.45); a $30 criminal conviction assessment (Gov. Code, § 70373); and a $30 court security fee (§ 1465.8). No credits were awarded.
On November 4, 2010, Baca filed an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
FACTS
Baca admitted that on or about May 31, 2010, in San Diego County, he did willfully and unlawfully murder Randy Dodds, a human being, in state prison.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no arguments for reversal, but asks this court to review the record for error as mandated by Wende, supra, 5 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel refers to as possible but not arguable issues whether: (1) Baca was sentenced in accordance with his guilty plea; and (2) it was error for the trial court to order a $10,000 restitution fine pursuant to section 1202.4, subdivision (b).
We granted Baca permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to Wende, supra, 25 Cal.3d 436, and Anders, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Baca has been adequately represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
IRION, J.
WE CONCUR:
McDONALD, Acting P.J.
McINTYRE, J.
