P. v. Bojorquez
Filed 12/8/09 P. v. Bojorquez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RICARDO PEDRO BOJORQUEZ, Defendant and Appellant. | F057277 (Super. Ct. No. F08907473) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Denise Whitehead, Judge.
James L. Lozenski, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
On November 27, 2008, Fresno police officers went to a Travelodge motel in Fresno on a report of a suspicious vehicle. The vehicle was covered with a thin coat of light brown mud and had been reported stolen on November 20, 2008. After the motel manager reported there were two people trespassing in a vacant room, the officers went to the room and found appellant, Ricardo Pedro Bojorquez, and his girlfriend, Ronica Padilla, in the room. Both were covered with the same light brown colored mud as the car. Paperwork belonging to Padilla was found in the car.
Bojorquez provided a false name and birth date. As he was being handcuffed and escorted to a patrol car, Bojorquez broke free and attempted to flee. He fell to the ground causing an officer to fall on top of him. Bojorquez moved his head up and struck the officer on the eye causing a large bruise and swelling.
On December 2, 2008, the district attorney filed a complaint charging Bojorquez with receiving stolen property (count 1/Pen. Code, 496d, subd. (a)),[1]battery on a police officer (count 2/ 243, subd. (c)(2)), resisting an executive officer (count 3/ 69), providing false information to a police officer ( 148.9, subd. (a)), and five prior prison term enhancements ( 667.5, subd. (b)).
On December 16, 2008, Bojorquez pled no contest to resisting an executive officer and admitted two prior prison term enhancements in exchange for the dismissal of the remaining counts and enhancements and a lid of 40 months.
On February 4, 2009, the court sentenced Bojorquez to a 40-month term, the mitigated term of 16 months on Bojorquezs resisting an executive officer conviction and two one-year, prior prison term enhancements.
Bojorquezs appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Bojorquez has not responded to this courts invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.
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*Before Levy, Acting P.J., Kane, J. and Poochigian, J.
[1] All statutory references are to the Penal Code.
