P. v. Salgado
Filed 2/1/13 P. v. Salgado CA4/1
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COURT
OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
NINFO SALGADO,
Defendant and Appellant.
D062148
(Super. Ct.
Nos. SCD236953,
SCD239011)
APPEAL from
a judgment of the Superior Court
of
County, Kerry Wells, Judge.
Affirmed.
This appeal
arises from guilty pleas in two cases as part of a
pleaded guilty in case no. SCD236953 to two counts of
§§ 664/187), admitted the gang enhancements (§ 186.22,
subd. (b)(1)), and that a principal discharged a firearm (§ 12022.53,
subds. (c) & (e)).
Salgado
also pled guilty in case no. SCD239011 to three counts of assault by means of
force likely to cause great bodily injury (§ 245, subd. (a)(1)); admitted
the great bodily injury enhancement (§ 12022.7, subd. (a)), and the gang
enhancement. In addition, Salgado
admitted one serious/violent felony prior conviction (§ 667, subds. (b)‑(i)).
The parties
stipulated that the total sentence Salgado would receive as a result of his
guilty pleas was 38 years in prison. The
sentence would be consecutive to a two-year term for a robbery conviction in
another case.
Following
his guilty pleas, Salgado's motion for self-representation
was granted. He thereafter brought a
motion to withdraw his guilty plea, which was denied following a contested
evidentiary hearing.
The court
sentenced Salgado to the stipulated 38-year term, consecutive to the two-year
term for robbery for a total determinate term of 40 years in prison.
Salgado
filed a notice of appeal and obtained a certificate of probable cause.
Counsel has
filed a brief pursuant to People v. Wende
(1979) 25 Cal.3d 436 (Wende) and
Anders v. California (1967) 368 U.S.
738 (Anders) raising possible, but
not arguable issues. We offered Salgado
the opportunity to file his own brief on appeal but he has not responded.
STATEMENT
OF FACTS
In case no.
SCD236953 Salgado aided and abetted David Salmeron, a member of the 73 Locos
gang, when Salmeron attempted to kill people he believed were associated with a
rival gang. Salgado intended to aid or
further the actions of the 73 Locos gang.
Salmeron personally discharged a firearm during the commission of the
crime.
In case no.
SCD239011, Salgado personally assaulted Jessica B. and inflicted great bodily
injury. Salgado also aided and abetted
Rudolfo Jasso in his assault on Jessica B.
The assaults were committed for the benefit of a street gang.
DISCUSSION
As we have
previously noted, appellate counsel has filed a brief indicating she is unable
to identify any argument for reversal and asks this court to review the record
for error as mandated by Wende,
738, the brief identifies the possible, but not arguable issues:
1. Whether Salgado was properly advised of his
plea;
2. Whether Salgado's guilty plea was knowing and
intelligent;
3. Whether Salgado was advised of the direct
consequences of his guilty plea;
4. Whether there was a factual basis for each of
Salgado's guilty pleas;
5. Whether Salgado was sentenced in accordance
with the plea agreement;
6. Whether Salgado received effective assistance
of trial counsel;
7. Whether the court erred in denying Salgado's
motion to withdraw his guilty pleas; and
8. Whether the court properly calculated
Salgado's sentence.
We have
reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S.
738 and have not found any reasonably arguable appellate issues. Competent counsel has represented Salgado on
appeal.
DISPOSITION
The
judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
O'ROURKE,
J.
IRION,
J.
name="_ftn1" title="">[1] All further statutory references are to the Penal Code
unless otherwise specified.
