P. v. Vergara
Filed 7/3/07 P. v. Vergara CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX
THE PEOPLE, Plaintiff and Respondent, v. HECTOR JOSE VERGARA, Defendant and Appellant. | 2d Crim. No. B194022 (Super. Ct. No. GA063732-01) (Los Angeles County) |
Hector Jose Vergara appeals a judgment entered following conviction by jury of one count of assault by means of force likely to produce great bodily harm. (Pen. Code, 245, subd. (a)(1).)
An information charged Vergara with one count of assault by means of force likely to produce great bodily harm, and two counts of assault with a deadly weapon. (Pen. Code, 245, subd. (a)(1).) A jury trial followed. Francisco Alvarez testified that he and Vergara were neighbors and that Vergara had harassed him for many months. Vergara made animal-type sounds when Alvarez approached and on two occasions, nearly struck Alvarez with his pickup truck.
On October 29, 2005, Vergara threw hot coffee into Alvarez's face and struck him near his left eye and nose. Alvarez fell to the ground. Alvarez's girlfriend testified that she saw Alvarez lying on the ground, bleeding profusely. Vergara stood over him. She summoned emergency assistance. Vergara admitted to an investigating police officer that he threw coffee at Alvarez and struck him in the face. Vergara stated to the police officer that Alvarez had not attempted to strike him.
The jury convicted Vergara of the October 29, 2005, assault by means of force likely to produce great bodily harm. It acquitted him of the earlier assault upon Alvarez, and could not agree upon a third assault upon Alvarez, both concerning Vergara's attempts to strike Alvarez with his pickup truck. The trial court sentenced Vergara to a midterm sentence of three years, suspended execution of sentence, and granted Vergara five years' probation with terms and conditions, including confinement in county jail for 180 days. The trial court also imposed a $200 restitution fine and ordered that Vergara make restitution to Alvarez. The trial court awarded Vergara 88 days of presentence custody credits. It also dismissed the assault count upon which the jury could not agree.
We appointed counsel to represent Vergara in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.
On April 17, 2007, we advised Vergara that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. The post office returned our letter as "undeliverable and unable to forward."
We have reviewed the entire record and are satisfied that Vergara's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
GILBERT, P.J.
We concur:
YEGAN, J.
COFFEE, J.
Charles C. Lee, Judge
Superior Court County of Los Angeles
______________________________
Thien Huong Tran, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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