P. v. Ramirez
Filed 2/5/09 P. v. Ramirez CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. CARLOS JESSIE RAMIREZ, Defendant and Appellant. | H032993 (Santa Clara County Super. Ct. No. CC474345) |
Defendant Carlos Jessie Ramirez pleaded no contest to battery with the infliction of serious bodily injury. (Pen. Code, 242, 243, subd. (d).) He also admitted that he had committed three prior strike convictions. (Pen. Code, 667, subds. (b) - (i), 1170.12.) After the trial court denied defendants motion to dismiss the prior strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, it sentenced defendant to state prison for an indeterminate term of 25 years to life. This court granted defendants motion to file a late notice of appeal.
On November 17, 2004, defendant went to a house which Lon Michael Belcher was remodeling. Belcher knew defendant and thought that they were friends. Defendant told Belcher that he wanted to fight, threw the first punch, and eventually stabbed Belcher five times. When Belchers friends exited the house, defendant fled.
Defendant had an extensive criminal history, including three convictions for robbery as well as convictions for possession of narcotics, possession of stolen property, and petty theft with a prior. Defendant also had 17 misdemeanor convictions.
Appointed appellate counsel has filed an opening brief that states the case and the facts, but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
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Mihara, J.
WE CONCUR:
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Bamattre-Manoukian, Acting P. J.
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McAdams, J.
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