P. v. Velasquez
Appellant, Jefferson Velasquez, was charged in an information filed April 16, 2007, with assault by means likely to produce great bodily injury while confined in a state prison (Pen. Code, 4501). The information alleged a prior serious felony conviction within the meaning of the three strikes law. After a four-day jury trial, Velasquez was convicted on June 21, 2007, of the offense. In a bifurcated proceeding, Velasquez admitted the prior serious felony conviction.
Velasquezs appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (Peoplev. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Velasquez was advised he could file his own brief with this court. By letter dated February 4, 2008, we invited Velasquez to submit additional briefing. Velasquez replied with a letter asserting that he never had an opportunity to cross-examine the victim, testimony from prison guards was contradictory, the victim could not identify him, and the charges were [too] high.
Comments on P. v. Velasquez