P. v. Gomez
Filed 3/22/07 P. v. Gomez CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE, Plaintiff and Respondent, v. NELSON ALMANDO GOMEZ, Defendant and Appellant. | B190916 (Los Angeles County Super. Ct. No. MA030115) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Brian Yep, Judge. Affirmed.
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Nelson Almando Gomez[1] appeals from a judgment entered following his no contest plea to aggravated battery by gassing (e.g., throwing bodily fluids) upon a peace officer and employee while confined in a state prison (Pen. Code, 4501.1, subd. (a)).[2] Pursuant to the negotiated plea, he was sentenced to prison for the low term of two years concurrent to the prison sentence he was already serving. He was granted a certificate of probable cause.[3]
On August 30, 2005, pursuant to Evidence Code section 730 and pursuant to a request by appellants counsel, the trial court appointed an expert to evaluate appellants competence. Thereafter, other experts were appointed to evaluate appellant. Appellant denied any doctors came to see him in state prison.
On March 14, 2006, appellant filed a motion to dismiss alleged strike priors pursuant to Penal Code section 1385.
On March 15, 2006, appellant moved to discharge defense counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. Following an in camera hearing, the motion was denied. Defense counsel noted he no longer had concerns regarding appellants competency.
After review of the record, appellants court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On November 30, 2006, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider.
On December 11, 2006, appellant filed a supplemental brief requesting an independent review pursuant to Anders v. California (1967) 386 U.S. 738 and People v. Wende, supra, 25 Cal.3d 436. Additionally, appellant claimed essentially the security of the nation and national defense may have been compromised as a result of espionage and the irresponsible acts of the staff at the California State Prison, Los Angeles County in Lancaster.
We have examined the entire record and are satisfied that no arguable issues exist. Issues cognizable on appeal are confined to matters contained in the appellate record. (See People v. Pearson (1969) 70 Cal.2d 218, 222.) Appellant has, by virtue of counsels compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
EPSTEIN, P. J.
We concur:
WILLHITE, J.
MANELLA, J.
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Analysis and review provided by El Cajon Property line attorney.
[1] While much of the record refers to appellant as Armando Gomez, appellant stated his name was Almando and spelled it A-L-M-A-N-D-O.
[2] A second amended information filed March 14, 2006 alleged the offense was a serious felony within the meaning of Penal Code section 1192.7, subdivision (c)(12) in that appellant was a life prisoner at the time he committed the assault on a non-inmate. Additionally, it was alleged that appellant had suffered three prior convictions of a serious or violent felony within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i) and served two prior prison terms within the meaning of Penal Code section 667.5.
[3] The evidence at the preliminary hearing established that on August 1, 2004, Michael R. Smith, a correctional guard at the California State Prison in Lancaster was working as a floor officer in Delta One Building when he approached appellants cell for the morning security check. Officer Smith called out appellants name and pulled down a sheet that was draped over the inside of the security door. Appellant was at the door on his knees and spit on Officer Smiths face. The spit came through a food port in the door, making contact with Officer Smiths cheek, eyes, glasses and forehead. Appellant was awaiting an evaluation by a psychologist and mental health staff and was being housed in a unit for mental health patients.
