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P. v. Aviles

P. v. Aviles
02:10:2006

P. v. Aviles
Filed 2/3/06 P. v. Aviles CA4/2





NOT TO BE PUBLISHED


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA







FOURTH APPELLATE DISTRICT






DIVISION TWO



THE PEOPLE,

Plaintiff and Respondent,

v.

ALFREDO AVILES,

Defendant and Appellant.
E038012

(Super.Ct.No. RIF111419)

OPINION


APPEAL from the Superior Court of Riverside County. Vilia G. Sherman, Judge. Affirmed.

Daniel J. Kessler, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted Alfredo Aviles of attempted voluntary manslaughter (Pen. Code, § § 664/192), during which he inflicted serious bodily injury (Pen. Code, § 12022.7, subd. (a))[1]; assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)), during which he inflicted serious bodily injury and used a firearm (Pen. Code, § 12022.5, subd. (a)); first degree burglary (Pen. Code, § 459), during which he inflicted serious bodily injury and used a firearm; and shooting at an occupied dwelling (Pen. Code, § 246), during which he used a firearm (Pen. Code, § 667). He was sentenced to 13 years in prison.

Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P.J.

We concur:

RICHLI

J.

Publication courtesy of Poway Real Estate Attorneys (with http://www.mcmillanlaw.us.), and Poway Lawyer Directory ( http://www.fearnotlaw.com)



KING

J.

[1] The jury also found true the allegation that Aviles discharged a firearm proximately causing great bodily injury (Pen. Code, § 12022.53, subd. (d)), but the sentencing court struck the finding.





Description A criminal law decision on attempted voluntary manslaughter
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