P. v. Barrios

Filed 6/20/08 P. v. Barrios CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

Defendant Estuardo Barrios was charged with various felony offenses in three separate cases in Santa Clara County. In CC779234, he was charged with assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen.Code  245, subd. (a)(1)), with a special allegation that he personally inflicted great bodily injury ( 12022.7) and a gang enhancement (Pen. Code 186.22, subd. (b)(1)(c)). In both CC772996 and CC780516, he faced one count of unauthorized use of a vehicle (Veh. Code 10851, subd. (a)).

On November 27, 2007, he entered into a plea disposition under which he pleaded guilty to all charges and admitted the special allegation and the enhancement in return for a top-bottom sentence of a total of four years in state prison.

On January 18, 2008, defendant was sentenced to four years in prison, receiving the upper term of four years for the assault and concurrent two year terms for each vehicle offense.

Defendant filed a timely notice of appeal, based upon the sentence or other matters occurring after the plea.

STATEMENT OF FACTS[1]

CC779234

On August 28, 2007, 14-year-old John Doe was assaulted by defendant and several others while walking home after one of defendants companions claimed Doe was a Norteo. Doe denied any gang affiliation, but defendant and his group, who were Sureos, physically assaulted him, including punching, kicking, and use of a knife, causing him to fall and lose consciousness. Doe recognized some of the assailants from school. Upon arrest, defendant admitted his participation in the confrontation of Doe and that he punched Doe. He also admitted the assault was related to his Sureo gang affiliation.

CC772996

On June 3, 2007, officers were responding to a report of a vehicle stolen from the victims residence when they saw the stolen car and stopped it. Defendant was one of the passengers. He admitted he kept a lookout while his two companions gained entry to the car and started it.

CC780516

On June 3, 2007, a victim reported her car was taken from a parking lot of her apartment where she had parked it the previous evening. The vehicle was recovered that same day and fingerprints were found in the interior. On July 24, 2007, officers identified defendants prints on the rearview mirror. Defendant denied stealing any cars but thought his prints were there because he rode with one of his friends who had the vehicle.

DISCUSSION

We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues.

We have notified defendant of his right to submit written argument in his own behalf within 30 days. The period has elapsed and we have received no written argument from defendant.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record, and we have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.)

DISPOSITION

The judgment is affirmed.

__________________________________________

McAdams, J.

WE CONCUR:

________________________________

Mihara, Acting P.J.

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Duffy, J.

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[1] Because defendant entered pleas of guilty, the factual summary is drawn from the probation report.