P. v. >Benton>

 

 

 

 

 

 

 

 

Filed 9/19/13  P. v. Benton CA2/6

 

 

 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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

 

SECOND APPELLATE
DISTRICT

 

DIVISION SIX

 

 
>

THE PEOPLE,       Plaintiff and Respondent,   v.   CORY JAMES BENTON,       Defendant and Appellant.

2d Crim. No. B245877 (Super. Ct. No. 1333854) (Santa Barbara County)

 

                        Cory James Benton
appeals the judgment entered after he pled no contest to three counts of assault
with a deadly weapon or by means likely to produce great bodily injury (Pen.
Code,href="#_ftn1" name="_ftnref1" title="">^[1] § 245, subd. (a)(1)), and two counts of href="http://www.fearnotlaw.com/">possession of a firearm by a felon
(§ 12021, subd. (a)(1)).href="#_ftn2"
name="_ftnref2" title="">^[2]  Appellant also admitted that he personally
inflicted great bodily injury in committing the assaults (§ 12022.7, subd.
(a)), and that the crimes (except one of the assault counts) were committed for
the benefit of a criminal street gang
(§ 186.22, subd. (b)).  The trial
court sentenced him to a total term of 25 years in state prison. 

                        Appellant is an admitted
member of the Sureno criminal street gang. 
On February 14, 2010,
he was at a party with his girlfriend Veronica Cuevas when Cuevas became
involved in a physical fight with Jessica Valencia.  Appellant intervened and hit Valencia.  Valencia's
boyfriend, Victor Gomez, hit appellant, who responded by stabbing Gomez with a
knife.  Appellant also stabbed Andrew
Delarosa when Delarosa tried to intervene. 


                        On February 28, and March 10, 2010, appellant was
photographed in a motel room in possession of two guns.  On June
23, 2010, appellant was in county jail when he and two fellow
Sureno gang members attacked and beat fellow gang member Martin Mendez for
violating gang rules while in custody. 

                        We appointed href="http://www.fearnotlaw.com/">counsel to represent appellant in this
appeal.  After counsel's examination of
the record, he filed an opening brief in which no issues were raised.

                        On June 10, 2013, we advised appellant that he had
30 days within which to personally submit any href="http://www.mcmillanlaw.com/">contentions or issues he wished us to
consider.  No response has been received.

                        We have reviewed the entire
record and are satisfied that appellant's attorney has fully complied with his
responsibilities and that no arguable
issues exist.  (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly ( 2006) 40 Cal.4th 106, 126.)

                        The judgment is
affirmed.

                        NOT TO BE PUBLISHED.

 

 

 

                                                                        PERREN,
J.

We concur:

 

 

                        GILBERT, P. J.

 

 

                        YEGAN, J.



James
F. Rigali, Judge

 

Superior
Court County
of Santa Barbara

 

______________________________

 

 

                        California Appellate
Project, Jonathan B. Steiner, Executive Director, Richard B. Lennon, Staff
Attorney, under appointment by the Court of Appeal, for Defendant and
Appellant.

                        No appearance for
Plaintiff and Respondent.