P. v. Cutrufelli
Filed 10/30/09 P. v. Cutrufelli CA1/4
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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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE, Plaintiff and Respondent, v. JOSEPH GUISEPPE CUTRUFELLI, Defendant and Appellant. | A123903 (Sonoma County Superior Court Nos. SCR521489 & SCR535145) |
Joseph Guiseppe Cutrufelli (appellant) appeals from an eight-year state prison sentence he received (subject to local custody credits) after he pleaded no contest to certain charges in two cases: SCR521489 and SCR535145. Appellants counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel has declared that appellant has been notified that no issues were being raised by counsel on appeal, and that an independent review under Wende instead was being requested. Appellant was also advised of his right personally to file a supplemental brief raising any issues he chooses to bring to this courts attention. No supplemental brief has been filed by appellant personally.
An information was filed in case SCR521489 charging appellant and a codefendant, David Guimont, with 17 counts, including two burglaries (Pen. Code,[1] 459), numerous counts alleging receiving stolen property ( 496, subd. (a)), unlawful taking or driving of a stolen vehicle (Veh. Code, 10851, subd. (a)), and miscellaneous other theft crimes. Appellant was also charged with being a felon in possession of ammunition and a firearm (two separate offenses). The information also alleged multiple special allegations based on appellants prior convictions, and his having served a prior prison sentence ( 667.5, subd. (b)).
On October 29, 2007, appellant entered a not guilty plea to the information, and denied the special allegations. On January 4, 2008, the prosecution made a motion to require appellant to provide a DNA sample to law enforcement, which was granted on January 14, 2008. Several motions to continue the trial date were also brought and granted.
In the meantime, a felony complaint in case SCR535145 was filed on April 22, 2008, alleging that new offenses had been committed by appellant, apparently while he was out of custody awaiting trial in case SCR521489. An information in case SCR535145 was subsequently filed alleging eight counts against appellant and a codefendant, Arnold Ash, including burglary ( 459), multiple counts alleging receiving stolen property ( 496, subd. (a)), and several miscellaneous violations of the Vehicle Code. The information also alleged multiple special allegations based on appellants prior convictions, and his having served a prior prison sentence ( 667.5, subd. (b)).
On October 3, 2008, appellant pleaded no contest to certain charges in both cases. Specifically, as to SCR521489, appellant pleaded no contest to one count of burglary, one count of auto theft, and one count of theft of a firearm. He also admitted an enhanced value allegation ( 12022.6). In pleading no contest in this case, appellant waived all applicable constitutional rights to contest the charges, and agreed that he would receive a state prison term of six years eight months. In return for his plea, all other charges and enhancements were dismissed with a Harveywaiver.[2]
On that same day, appellant pleaded no contest to one count of burglary, with a value enhancement in SCR535145. In pleading no contest in this case, appellant waived all applicable constitutional rights to contest the charges, and agreed that he would receive a state prison term of 16 months, consecutive to the sentence he would receive in SCR521489, for a total state prison sentence of eight years. In return for his plea, all other charges and enhancements were dismissed with a Harvey waiver.
Appellant was sentenced in both cases on December 5, 2008. Pursuant to the negotiated dispositions, appellant was sentenced to an aggregate term of eight years in state prison. The court also imposed a statutory restitution fine of $800, and victim restitution was ordered to be paid in the total amount of $210,874.59. Appellant was given 90 days within which to request a hearing to contest the amount of victim restitution, and was ordered to provide blood and saliva samples under section 296.
Upon our independent review of the record we conclude there are no meritorious issues to be argued, or that require further briefing on appeal. We discern no error in the sentencing. The refusal to grant probation, and the sentencing choices made by the trial court were consistent with applicable law, and the negotiated dispositions in both cases pending against appellant. The restitution fines and penalties imposed were supported by the law and facts. At all times appellant was represented by counsel.
DISPOSITION
The judgment is affirmed.
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RUVOLO, P. J.
We concur:
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REARDON, J.
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SEPULVEDA, J.
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[1] All further statutory references are to the Penal Code, unless otherwise indicated.
