P. v. Miranda
Filed 5/30/07 P. v. Miranda CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JUAN MARCOS MIRANDA, Defendant and Appellant. | F051539 (Super. Ct. No. SF013215A) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Jerold L. Turner, Judge.
William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
______________________
*Before Cornell, A.P.J., Dawson, J., and Kane, J.
On May 17, 2006, appellant, Juan Marcos Miranda, arrived at his ex-girlfriends house in Shafter, California, to find out that she had been beaten by some people at a neighboring residence. Miranda told her not to worry; he would take care of it. He and several other men then went to the neighbors house armed with bats, knives, and other weapons. There, they confronted Jon Watson whom Miranda stabbed three times in the upper torso.
Miranda was arrested at a hotel later that night and told officers that when he went to the victims house, the victim approached and punched him in the face. Miranda then pulled out a knife and stabbed the victim before fleeing from the scene.
On August 15, 2006, Miranda pled no contest to assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)) and admitted a serious felony enhancement (Pen. Code, 667, subd. (a)), a great bodily injury enhancement (Pen. Code, 12022.7, subd. (a)), a prior prison term enhancement (Pen. Code, 667.5, subd. (b)), and allegations that he had a prior conviction within the meaning of the three strikes law (Pen. Code, 667, subds. (b)-(i)). In exchange for his plea, the remaining count, enhancements, and other allegations were dismissed. Miranda faced a maximum term of 15 years.
On September 13, 2006, the court denied appellants Romero[1]motion and sentenced him to an aggregate term of 15 years as follows: the middle term of three years on the assault offense, doubled to six years because of appellants prior strike conviction, a three-year great bodily injury enhancement, a five-year serious felony enhancement, and a one-year prior prison term enhancement.
Mirandas appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Miranda has not responded to this courts invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.
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[1]People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
