People v. Ruelas CA1/5

Filed 8/8/14 P. v. Ruelas CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A140965 v. LOUIS RUELAS, (Napa County Super. Ct. No. CR165906) Defendant and Appellant.

Defendant Louis Ruelas pled no contest to one count of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4))1 and admitted he personally inflicted great bodily injury (§ 12022.7, subd. (a)). He was sentenced to three years in prison. Defendant’s counsel has raised no issue on appeal and asks this court for an independent review of the record to determine whether there are any arguable sentencing or other postplea issues. (See Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) We have considered a supplemental letter brief submitted by defendant. We find no arguable issues and affirm.

BACKGROUND In July 2013, defendant was charged by information with one count of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)) with an allegation that he personally inflicted great bodily injury (§ 12022.7, subd. (a)).

1 All further undesignated statutory references are to the Penal Code.

1

According to the probation report, at the time of the offense defendant was committed to Napa State Hospital after being found not guilty by reason of insanity of a previous murder. (§ 1026.) In May 2013, defendant assaulted another Napa State Hospital inmate, causing several fractures. In December 2013, pursuant to an agreement, defendant pled no contest and admitted the injury enhancement allegation. In January 2014, the trial court sentenced defendant to three years in prison in accordance with the agreement. Defendant filed a notice of appeal specifying it is based “on the sentence or other matters occurring after the plea that do not affect the validity of the plea.”