P. v. Alvarado
On May 23, 2012, Ricardo Alvarado (defendant) pleaded no contest to one count of assault by means of force likely to produce great bodily injury and admitted that he personally inflicted great bodily injury on the victim (Pen. Code, §§ 245, subd. (a)(4), 12022.7, subd. (a)).
On August 17, 2012, the court denied probation and sentenced defendant to six years in state prison consisting of the middle term of three years for the assault and three years for the great bodily injury enhancement. The court awarded defendant credit for time served of 113 actual days and conduct credits of 16 days.[1] The court imposed a $240 restitution fund fine, imposed but suspended a parole revocation fine in the same amount, and imposed $70 in assessments. The court ordered that defendant pay restitution to the victim in an amount to be determined after a restitution hearing. Subsequently, defendant filed a timely notice of appeal.
Defendant's appointed counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel has declared that defendant was notified that no issues were being raised by counsel on appeal and that an independent review under Wende was being requested.
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