Filed 1/30/18 P. v. Hernandez CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. ARMANDO GABRIEL HERNANDEZ, Defendant and Appellant. |
A151100
(Mendocino County Super. Ct. No. SCUKCRCR168647301)
|
Armando Gabriel Hernandez appeals following his no contest plea to a single count of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1).[1] He also admitted allegations under section 12022.7, subdivision (a) that the crime involved the infliction of great bodily injury and that he previously served five years in prison as described in section 667.5, subdivision (b). His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We conclude there are no issues requiring further review and affirm.
BACKGROUND
A felony complaint filed in Mendocino County charged Hernandez and three other defendants with the attempted murder of a juvenile. Hernandez was also charged with assault with force likely to produce great bodily injury, assault with a deadly weapon, and actively participating in a criminal street gang. Enhancements were alleged for Hernandez’s personal use of a deadly weapon, infliction of great bodily injury, participation in a criminal street gang, and his prior criminal record and prison history.
The charges were based on a stabbing that occurred at a Ukiah apartment complex just before 10:00 p.m. on July 10, 2016. The juvenile victim was approached in front of his apartment by four males and one female. When he denied he was involved in gangs, they beat and stabbed him. Hernandez was identified as one of the gang members who assaulted the juvenile victim.
In a negotiated disposition, Hernandez entered a no contest plea to a single count of assault with a deadly weapon, and admitted allegations that the crime involved great bodily injury and that he served a term in state prison within five years of the assault. All other charges were dismissed. The district attorney recited a factual basis for the plea, and Hernandez stipulated to the facts.
In accord with the agreement, Hernandez was sentenced to the aggravated term of four years for the assault, three years for the infliction of great bodily injury and five years for his service of a prior prison term. His total sentence was 12 years in state prison. He was awarded pre-sentence credits and assessed restitution, fines and fees in lawful measure. His appeal is timely.
DISCUSSION
Hernandez’s counsel has represented that he advised Hernandez of his intention to file a Wende brief in this case and of Hernandez’s right to submit supplemental written argument on his own behalf. He has not done so. Hernandez has also been advised of his right to request that counsel be relieved.
Hernandez’s plea appears from the record to be free and voluntary. His sentencing was in accord with his plea. Fines and fees were imposed in lawful measure.
Our full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
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Siggins, J.
We concur:
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McGuiness, Acting P.J. *
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Jenkins, J.
