P. v. Villegas
Filed 12/30/09 P. v. Villegas 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ESTEVAN VILLEGAS, Defendant and Appellant. | F057250 (Super. Ct. No. F07908033) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. W. Kent Hamlin, Judge.
William G. Prahl, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
______________________
*Before Cornell, Acting P.J., Gomes, J., and Poochigian, J.
Appellant, Jesus Esteban Villegas, was a self-proclaimed Del Rey Norteo street gang member. On September 17, 2007, Villegas was driving a car with a passenger when a rival gang member walking on the street gestured at them. Villegas turned his car toward the rival gang member, accelerated, and drove up on the sidewalk at him. Villegass car struck the rival gang member, pushing him into a wrought iron fence, over the car, and onto the sidewalk. Villegas and his passenger fled from the scene but Villegas was arrested on November 17, 2007.
On March 6, 2008, Villegas waived a preliminary hearing.
On March 10, 2008, the district attorney filed an information charging Villegas with attempted murder (count 1/Pen. Code,[1] 664/187, subd. (a)), assault with a deadly weapon (count 2/ 245, subd. (a)(1)), and participating in a criminal street gang (count 3/ 186.22, subd. (a)). Count 1 also alleged a serious bodily injury enhancement
( 12022.7) and a gang enhancement ( 186.22, subd. (b)).
On December 4, 2008, Villegas pled no contest to attempted murder and participating in a criminal street gang in exchange for the dismissal of the remaining count and enhancements in the instant case, the dismissal of an unrelated case, and a lid of nine years.
On January 7, 2009, the court sentenced Villegas to a nine-year term on his attempted murder conviction and a concurrent two-year term on his street terrorism conviction.
Villegass 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.) Villegas 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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[1] All statutory referenced are to the Penal Code.
