Filed 7/14/26 P. v. Cruz CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE
THE PEOPLE, B347569
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. YA108378)
v.
LUIS CRUZ,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of
Los Angeles County, Altus W. Hudson, Judge. Affirmed.
Richard L. Fitzer, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
____________________________
Defendant Luis Cruz appeals from his conviction of Penal
Code section 245, subdivision (a)(1) (assault with a deadly
weapon). Cruz’s appointed appellate counsel filed a brief
pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende),
identifying no issues and requesting this court to review the
record and determine whether any arguable issue exists on
appeal. We have done so and affirm.
BACKGROUND
An information filed on February 25, 2025, charged Cruz
with one count of assault with a deadly weapon (knife), in
violation of Penal Code1 section 245, subdivision (a)(1) and
alleged three factors in aggravation.
After being granted mental health diversion pursuant to
section 1001.36, Cruz absconded from treatment by leaving the
lobby of the facility before intake. The court subsequently
terminated diversion.
The matter was called for jury trial on April 24, 2025. The
following facts were adduced at trial:
On August 22, 2023, Hamid Hill, Ivan Gonzalez Juarez,
and a third man, all construction workers, went to El Pollo Loco
in Inglewood for lunch. Cruz entered the restaurant and stabbed
Hill in the back with a knife. The incident was caught on the
restaurant’s security camera.
After being stabbed, Hill stood up and turned to see Cruz
standing in front of him with a knife in his hand. In Spanish,
Cruz said, “Don’t follow me or I’m going to kill you,” and then
backed out of the restaurant.
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Undesignated statutory references are to the Penal Code.
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On April 30, 2025, the jury found Cruz guilty as charged
but found the allegation that the offense involved great violence
or great bodily harm (the only factor in aggravation submitted to
the jury) not true.
On June 26, 2025, the trial court sentenced Cruz to the
mid-term of three years. Cruz was given credit for time served
for his 1,142 days of presentence credit, and was released from
custody. The court stayed all fines and fees.
Cruz filed a timely notice of appeal. The notice of appeal
identifies Cruz’s mailing address as the same as his attorney’s
address (which lists the Inglewood branch of the Office of the Los
Angeles County Public Defender).
DISCUSSION
Cruz’s appellate counsel filed a brief identifying no issue
and requested this court review the record pursuant to Wende,
supra, 25 Cal.3d 436. On April 14, 2026, Cruz’s appellate counsel
sent a copy of appellant’s opening brief to his mailing address as
indicated on his notice of appeal. Appellate counsel filed a
declaration stating that counsel has not written to appellant,
because Cruz is “homeless.”
We have examined the entire record and are satisfied that
counsel has complied with his responsibilities and that no
arguable issue exists. (People v. Kelly (2006) 40 Cal.4th 106,
110–111; Wende, supra, 25 Cal.3d at p. 441.)
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DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED
M. KIM, J.
We concur:
BENDIX, Acting P. J.
WEINGART, J.
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