Filed 9/18/17 P. v. Ortiz CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. EDWARD ORTIZ, Defendant and Appellant.

H044282 (Santa Clara County Super. Ct. No. C1494622)

Defendant Edward Ortiz pleaded no contest to assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)) and driving with a suspended or revoked license (Veh. Code, § 14601.1, subd. (a)), and was placed on felony probation. Upon defendant’s timely appeal, we appointed counsel to represent him in this court. Appellate counsel filed a brief stating the case and facts but raising no arguable issues. We notified defendant of his right to submit written argument on his own behalf, and received no response.

We have reviewed the entire record to determine if there are any arguable appellate issues. (People v. Wende (1979) 25 Cal.3d 436, 440–441.) We include here a brief description of the facts and procedural history of the case, and the conviction and punishment imposed. (People v. Kelly (2006) 40 Cal.4th 106, 123–124.) Finding no arguable issue, we will affirm the judgment.

I. Trial Court Proceedings

Because there was no preliminary hearing and the probation report is an abbreviated waived referral report, the record contains minimal information about defendant’s offenses. The only factual information comes from the victim’s statement in the probation report, where the victim “expressed disdain over the one[-]year jail sentence the defendant will be receiving for hitting him with a car, which he described as an attempted murder.”

Defendant was charged by felony complaint with assault with a deadly weapon (a car) (Pen. Code, § 245, subd. (a)(1); count 1); driving with a suspended or revoked license, a misdemeanor (Veh. Code, § 14601.1, subd. (a); count 2); and driving with license that was suspended or revoked due to a driving under the influence conviction, a misdemeanor (Veh. Code, § 14601.2, subd. (a); count 3).

As part of a negotiated disposition, the prosecution moved to amend the complaint to add a new count 4 for assault by force likely to produce great bodily injury (using a metal object) (Pen. Code, § 245, subd. (a)(4)), and moved to dismiss counts 1 and 3. Defendant pleaded no contest to counts 2 and 4.

The trial court suspended imposition of sentence and placed defendant on formal felony probation for three years. One condition of probation was service of one year in county jail, subject to modification by a drug court judge who was going to supervise defendant’s probation. Defendant received 173 days of presentence custody credit based on 87 actual days of custody plus 86 days’ custody credit (Pen. Code, § 4019). The trial court imposed a $300 restitution fine, with a $30 administrative fee (Pen. Code, § 1202.4, subds. (b)(1), (l)), and an additional suspended $300 probation revocation fine (Pen. Code, § 1202.44); a $4 emergency medical air transportation fee (Gov. Code, § 76000.10, subd. (c)(1)); an $80 court operations assessment (Pen. Code, § 1465.8); a $60 court facilities funding assessment (Gov. Code, § 70373); a $129.75 criminal justice administration fee to the City of San Jose (Gov. Code, §§ 29550–29550.2); and a $20 monthly probation supervision fee (Pen. Code, § 1203.1b). The court imposed victim restitution of $1,467.43.

We have reviewed the entire record and find no arguable issue.

II. Disposition

The judgment is affirmed.