P. v. Villalobos
Filed 10/9/08 P. v. Villalobos CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX
THE PEOPLE, Plaintiff and Respondent, v. JOSE LUIS VILLALOBOS, Defendant and Appellant. | 2d Crim. No. B206885 (Super. Ct. No. 200745332) (Ventura County) |
Jose Luis Villalobos appeals the judgment entered after he pled guilty to assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)). He was sentenced to two years state prison.
Villalobos pled guilty after waiving his right to a preliminary hearing. The relevant facts are derived from the probation report. On December 1, 2007, Villalobos and his codefendant Michael Castillo[1]drove to an alley where Castillo's ex-girlfriend Cynthia Dzul was sitting in a truck outside her residence with her new boyfriend Miguel Escobeto. Villalobos approached the truck, broke the driver's side window with his fist, and repeatedly stabbed Escobeto with a knife. When Escobeto escaped through the truck's back window, Castillo pulled him to the ground. Castillo and Villalobos kicked and punched Escobeto until Dzul got in between them. Dzul and Escobeto ran into Dzul's residence and called the police. Escobeto was subsequently treated for stab wounds to his left shoulder, chest, bicep, and thigh.
Castillo was arrested approximately an hour later, while Villalobos was arrested two days later at his place of employment. Villalobos declined to discuss the offense upon the advice of his attorney, but stated that he was "sorry from the bottom of [his] heart" and claimed that the experience had been an "eye opener."
We appointed counsel to represent Villalobos in this appeal. After counsels examination of the record, he filed an opening brief in which no issues were raised. On August 5, 2008, we advised Villalobos that he had 30 days within which to personally submit any contentions or issues he wished us to consider. We received no response.
We have reviewed the entire record and are satisfied that Villalobos's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
PERREN, J.
We concur:
YEGAN, Acting P.J.
COFFEE, J.
Steven Hintz, Judge
Superior Court County of Ventura
______________________________
California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Publication courtesy of California pro bono lawyer directory.
Analysis and review provided by Chula Vista Property line Lawyers.
San Diego Case Information provided by www.fearnotlaw.com
