P. v. Magana
Filed 1/30/09 P. v. Magana CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. RAYMOND JOSEPH MAGANA, Defendant and Appellant. | E046485 (Super.Ct.No. RIF139442) OPINION |
APPEAL from the Superior Court of Riverside County. William A. Anderson, Temporary Judge. (Pursuant to Cal. Const., art. VI, 21.) Affirmed.
Anna M. Jauregui, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Statement of the Case
On October 25, 2007, the District Attorney of Riverside County filed a felony complaint charging defendant with one count of assault with a deadly weapon other than a firearm (Pen. Code, 245, subd. (a)(1)).[1] The felony complaint further charged the special allegation that defendant personally used a deadly and dangerous weapon, to wit: a knife, within the meaning of sections 12022, subdivision (b)(1) and 1192.7, subdivision (c)(23), and that defendant personally inflicted great bodily injury upon the person of another within the meaning of sections 12022.7, subdivision (a) and 1192.7, subdivision (c).
On May 27, 2008, pursuant to section 859a, defendant, respresented by counsel, pled guilty to assault with a deadly weapon. In accordance with the negotiated disposition, defendant was committed to state prison for two (2) years less custody credits and the special allegations were stricken on motion of the district attorney and in the interests of justice pursuant to section 1385.
Statement of Facts[2]
On or about October 23, 2007, in the County of Riverside, California, defendant willfully and unlawfully committed an assault upon the person of another with a deadly weapon, to wit, a knife.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende(1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
Disposition
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P.J.
We concur:
McKINSTER
J.
MILLER
J.
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[1] All further statutory references are to the Penal Code unless otherwise indicated.
[2] The plea in this case was taken before the preliminary hearing, and thus, before an adjudication of facts; therefore, this factual statement was taken from defendants statements at the guilty plea, which the court accepted as the factual basis for the plea.
