Filed 10/30/18 P. v. Gomez CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE,
Plaintiff and Respondent,
v.
CHRISTOPHER RENE GOMEZ,
Defendant and Appellant.
|
F076331
(Super. Ct. No. VCF338632A)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. Gary L. Paden, Judge.
Alex Green, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appellant Christopher Rene Gomez pled no contest to premeditated attempted murder (Pen. Code, §§ 664/187)[1] and admitted a gang enhancement (§ 186.22, subd. (b)(5)) and a gang allegation that made him ineligible for parole until he served a minimum of 15 years (§ 186.22, subd. (b)(1)(C)) in exchange for a stipulated prison term of 15 years to life. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Around July 20, 2016, Gomez, who was then 18 years old and a Norteño gang member, was in custody at the Bob Wiley Detention Facility when he argued with his cellmate, C.M., who was also a Norteño gang member, because C.M. was sleeping during the day, in violation of gang rules. During the argument, Gomez said things about C.M.’s 16-month-old son and C.M. punched Gomez in the face, splitting his lip. C.M. reported the incident to his superiors in the gang, as required by gang rules, but did not hear anything more about the matter.
On July 27, 2016, as C.M. exited the shower area, he was assaulted and stabbed with a sharp instrument by Gomez and two other Norteño gang members, Jonathan Ramos and Robert Saldana. After the assault was over, fellow gang member Juan Lopez picked up two objects and placed them under a cell door. C.M. suffered stab wounds on his body that caused one of his lungs to collapse and blood to collect in his abdomen and required him to be hospitalized in critical condition.
On July 29, 2016, the Tulare County District Attorney issued a complaint charging Gomez, Ramos, Saldana and Lopez, with premeditated attempted murder (count 1) and assault with a deadly weapon (§ 245, subd. (a)(1)/count 2). Each count contained several allegations against the four defendants, including the allegations Gomez admitted.
On December 5, 2016, following a preliminary hearing, the magistrate held the four defendants to answer as charged in the complaint.
On January 20, 2017, the trial court granted the prosecutor’s motion to sever Gomez’s case from that of the other defendants.
On April 28, 2017, Gomez entered his plea as noted above in exchange for the dismissal of the remaining count and allegations, the prosecutor’s agreement not to file a conspiracy to commit murder charge, and a stipulated indeterminate term of 15 years to life. As part of his plea bargain, Gomez also waived his right to appeal.
On June 30, 2017, the trial court sentenced Gomez to the stipulated term of 15 years to life with a minimum parole eligibility of 15 years, consecutive to an aggregate, determinate term of 25 years it imposed in an unrelated case (case No. PCF334912A).
On August 8, 2017, the Tulare County Superior Court received an envelope from Gomez containing a form entitled, “DECLARATION IN SUPPORT OF MOTION TO WITHDRAW PLEA OF GUILTY ENTERED PURSUANT TO PLEA AGREEMENT.” The form was not properly filled out and had attached to it two sheets that contained numerous case citations. On August 21, 2017, the court treated the form and citations as a motion to withdraw plea and denied the motion.
On September 22, 2017, appellant filed a timely appeal and was granted a certificate of probable cause.
Gomez’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Gomez has not responded to this court’s invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
