Filed 7/5/18 P. v. Alcantar CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE,
Plaintiff and Respondent,
v.
ROGELIO ALCANTAR,
Defendant and Appellant.
|
E069470
(Super.Ct.No. FSB17000182)
O P I N I O N
|
APPEAL from the Superior Court of San Bernardino County. Dwight W. Moore, Judge. Affirmed.
David K. Rankin, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant, Rogelio Alcantar, pled no contest to voluntary manslaughter (count 2; Pen. Code, § 192, subd. (a))[1] and admitted suffering a prior strike conviction (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). The court sentenced defendant to 12 years of incarceration.
After defense counsel filed a notice of appeal, this court appointed counsel to represent defendant. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the facts, a statement of the case, and identifying three potentially arguable issues: (1) whether defendant may appeal his entry of the plea and the factual basis for that plea without having obtained a certificate of probable cause; (2) whether defendant may appeal the sentence without having obtained a certificate of probable cause; and (3) whether defendant received the agreed upon sentence. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND[2]
An officer testified that on July 21, 2014, he was dispatched in response to a report an individual had been shot and required assistance. He entered the home to which he had been dispatched and found the victim lying on the ground inside one of the bedrooms unconscious, bleeding, but breathing. On July 22, 2014, at 12:30 a.m., another officer was dispatched to the hospital to check on the victim. The victim was deceased. He observed the victim had approximately 12 stab wounds. On July 30, 2014, he contacted defendant, whom he interviewed. Defendant said he had been engaged in a sexual relationship with the victim during the two weeks preceding her death.
On December 12, 2014, another officer interviewed defendant’s neighbor, who reported defendant said a girl had been murdered “and that the cops were onto him and he was going to leave his mother’s residence.” After that conversation, the neighbor said he had not seen defendant for a couple of months. The officer also interviewed M.R., who said she had been living and sleeping with defendant for several months. M.R. claimed there had been several incidents of domestic violence between she and defendant. In one instance, she reported defendant put a knife to her neck and threatened to kill her. M.R. knew the victim. M.R. said that sometime after the victim’s death, defendant “told her that he would kick her face in like he did [the victim’s], and he would kill her like he did [the victim].” The officer showed M.R. surveillance video taken minutes after the 911 call came in from two blocks away from the apartment where the victim was killed. M.R. indicated she believed the person walking through the alleyway in the video was defendant.
The People charged defendant by felony information with murder. (Count 1; § 187, subd. (a).) The People additionally alleged defendant had committed the offense while personally using a deadly and dangerous weapon (§ 12022, subd. (b)(1)) and had suffered a prior strike conviction (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). Pursuant to a plea agreement, defendant pled no contest to an added count of voluntary manslaughter (count 2; § 192, subd. (a)) and admitted suffering a prior strike conviction (§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)).
Defendant later moved to withdraw his plea because he had “changed [his] mind.” The court denied the motion. Pursuant to the plea agreement, the court sentenced defendant to 12 years of incarceration. The court dismissed the remaining offense and allegation on the People’s motion. Defense counsel below filed a notice of appeal “based on the sentence or other matters occurring after the plea that do not affect the validity of the plea.” Counsel did not request issuance of a certificate of probable cause.
II. DISCUSSION
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
J.
We concur:
RAMIREZ
P. J.
SLOUGH
J.
[1] All further statutory references are to the Penal Code.
[2] The parties stipulated the preliminary hearing would provide the factual basis for the plea. We derive our recitation of the facts from the preliminary hearing.
