P. v. Quintana
Filed 3/6/07 P. v. Quintana 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. DOMINIC QUINTANA, Defendant and Appellant. | F050879 (Super. Ct. No. BF112262A) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Lee P. Felice, Judge.
William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
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Pursuant to a plea agreement, appellant Dominic Quintana pled no contest to attempted murder (Pen. Code, 187, 664)[1]and admitted enhancement allegations that in committing that offense, he personally inflicted great bodily injury ( 12022.7, subd. (a)) and personally used a dangerous or deadly weapon, viz., a knife ( 12022, subd. (b)). The court imposed a prison term of 11 years, consisting of the 7-year midterm on the substantive offense, 3 years on the great bodily injury enhancement and 1 year on the weapon enhancement.
Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (Peoplev.Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this courts invitation to submit additional briefing.
PROCEDURAL BACKGROUND
By information filed February 10, 2006,[2]it was alleged appellant committed aggravated mayhem ( 205); simple mayhem ( 203); assault with a deadly weapon ( 245, subd. (a)(1)), with personal infliction of great bodily injury ( 12022.7, subd. (a)); and misdemeanor battery ( 242). On February 21, appellant entered pleas of not guilty and denied the enhancement allegation.
On April 19, appellant made a motion for the appointment of substitute counsel, pursuant to People v. Marsden (1970) 2 Cal.3d 118, and the court denied the motion. Thereafter, that same date, appellant stipulated to the filing of an amended information, the court granted the prosecution motion to dismiss the four counts of the original information and appellant entered his plea as set forth above. The court sentenced appellant on June 29.
FACTS
The report of the probation officer, filed June 29, indicates the following. Russ Arnson told police he was on his way to a party when he saw [appellant] approach his brother and attack him for no apparent reason. Arnson pulled [appellant] away from his brother, at which time [appellant] turned on him and began to assault him with what he believed was a box cutter or some type of razor knife. Arnson fled and was able to escape from appellant. Emergency room doctors indicated Arnson suffered major lacerations to his face, neck and head . . . . Arnson reported his injuries required 27 stitches. Arnsons mother stated Arnson had undergone one reconstructive surgery and would undergo one more.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.
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*Before Gomes, Acting P.J., Dawson, J., and Kane, J.
[1] All statutory references are to the Penal Code.
[2] All references to dates of events are to dates in 2006.
