P. v. Perez
Filed 5/21/08 P. v. Perez CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JESUS ANTONIO PEREZ, Defendant and Appellant. | F053793 (Super. Ct. No. F07900317) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge.
Grace Lidia Suarez, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
-ooOoo-
On December 20, 2006, Pablo Loya and some friends were in the front yard of a house in Sanger when Roosevelt Maldonado and Freddie Mercado approached the group yelling, Sureo, and asking them, Whats up mutts? Loya and one of his friends responded that they did not bang. Two males started fighting and were soon joined by others. During the ensuing melee, appellant, Jesus Perez, who was then 16 years old, stabbed Loya in the side of the chest. Loya fell to the ground and was kicked in the head by Maldonado and Mercado. Loya died three days later from a single stab wound to the heart.
On December 29, 2006, two of Loyas friends identified Perez as the person who stabbed Loya.
On January 9, 2007, investigators interviewed Perez who told them that he stabbed Loya in self defense. According to Perez, he was at a friends house down the street when he saw Maldonado fighting. Perez pulled out a knife and joined the fracas. Loya swung at Perez and missed. Perez then stabbed Loya in the chest with a round house swing and ran to a friends house.
On January 22, 2007, the court found Perez unfit to be tried as a juvenile.
On February 20, 2007, the district attorney filed an information charging Perez with murder (count 1/Pen. Code, 187, subd. (a)), codefendants Roosevelt Maldonado and Freddy Mercado with assault by means of force likely to produce great bodily
injury (count 2/Pen. Code, 245, subd. (a)(1)), and all three with misdemeanor battery (count 3/Pen. Code, 242). Count one also alleged an arming enhancement (Pen. Code, 12022, subd. (b)(1)).
On May 3, 2007, Perez pled no contest to second degree murder in exchange for the dismissal of the battery count, and the arming enhancement.
On July 11, 2007, the court sentenced Perez to an indeterminate sentence of 15 years to life.
Perezs appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Perez has not responded to this courts invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.
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*Before Levy, Acting P.J., Cornell, J., and Gomes, J.
