P. v. Flores
Filed 4/29/08 P. v. Flores CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN
THE PEOPLE, Plaintiff and Respondent, v. CESAR QUINTERO FLORES, Defendant and Appellant. | B200925 (Los Angeles County Super. Ct. No. VA097759) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Margaret Miller Bernal, Judge. Affirmed.
Judy G. Fridkis, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
___________________________
After Cesar Quintero Flores struck Miguel Silva Reyes in the face with a beer bottle, Flores was charged by information with two counts of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)).[1]It was further alleged Flores personally inflicted great bodily injury upon a person not an accomplice in committing the aggravated assault ( 12022.7, subd. (a)).
Floress motion to set aside the information ( 995) as to the first count of aggravated assault was granted and the prosecution proceeded on the second count.
According to the trial evidence, at around 1:30 a.m. on October 20, 2006, Miguel Silva Reyes drove to a bar to meet his girlfriend. As they headed for Reyess car, two unknown men in a truck began yelling insults at Reyess girlfriend. When Reyes objected to the mens comments, Flores, the passenger, left the truck and jumped Reyes. The two men fought for about 20 minutes until a security guard separated them, and Reyes drove away in his car.
Flores returned to the truck, and he and the driver, Juan Manuel Hernandez, began following Reyess car.[2]Reyes drove around for an hour looking for a police station while Hernandez and Flores remained behind him, throwing bottles at Reyess car. When Reyes attempted to enter the parking lot of the Maywood Police Station, his car was rammed by Hernandezs truck. As Reyes sat in his car, Flores approached and used a beer bottle to break the drivers side window and hit Reyes in the face, breaking his teeth and cutting his eyebrow. Flores and Hernandez dragged Reyes from his car, but he broke away from them and fled.
Maywood Police Department Officer Carlos Alvarez saw Flores chasing Reyes, arrested Flores and interviewed him. Before the interview, Alvarez advised Flores of his right to remain silent, to the presence of an attorney, and, if indigent, to appointed counsel. (Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694].) Flores stated he understood those rights and waived them before any questioning occurred. Flores admitted to Alvarez he had been involved in the fight, but he claimed Reyes was the aggressor. Flores said he was upset and decided to follow Reyes. Flores admitted punching Reyes in the face but denied having anything in his hand when he broke the driver side window and struck Reyes in the face. Alvarez noticed Reyes had a one-inch laceration on his forehead. His face was red and swollen and his upper lip was swollen and bleeding. Alvarez saw no apparent injuries to Flores.
Floress motion to dismiss the great bodily injury enhancement for insufficient evidence was heard and denied ( 1118.1).
Flores did not testify in his defense. Admitted into evidence as a defense exhibit was a photograph of the police station and surrounding streets.
The jury convicted Flores of aggravated assault as charged in count 2 and found true the great bodily injury enhancement.
Prior to sentencing the trial court heard and denied Floress motion for a new trial on the ground the verdict was contrary to law and evidence ( 1181, subd. (6)).
The trial court sentenced Flores to the lower term of two years in state prison for aggravated assault and imposed and stayed a term of three years for the great bodily injury enhancement. Flores received presentence custody credit of 31 days (28 actual days and 3 days of conduct credit). The court ordered Flores to pay a $20 security assessment and a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45.
Flores timely appealed and we appointed counsel to represent on appeal. After examination of the record counsel filed an Opening Brief in which no issues were raised. On December 7, 2007, we advised Flores he had 30 days within which to personally submit any contentions or issues he wished us to consider. On December 19, 2007 pursuant to Floress request we granted him an extension to March 7, 2008 in which to file a supplemental brief. No response has been received to date.
We have examined the entire record and are satisfied Floress attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
WOODS, J.
We concur:
PERLUSS, P. J.
ZELON, J.
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[1] Statutory references are to the Penal Code.
[2] Codefendant Hernandez is not a party to this appeal.
