People v. Moreno CA6

Filed 8/18/14 P. v. Moreno CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040233 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS130639A)

v.

ROGER MORENO,

Defendant and Appellant.

I. INTRODUCTION On May 9, 2013, an information was filed charging defendant Roger Moreno with willful, deliberate, and premeditated attempted murder (count 1; Pen. Code, §§ 664, 187, subd. (a))1 involving the personal infliction of great bodily injury under circumstances of domestic violence (§ 12022.7, subd. (e)) and personal use of a knife (§ 12022, subd. (b)); criminal threats (count 2; § 422, subd. (a)); kidnapping (count 3; § 207, subd. (a)); and dissuading a witness from reporting a crime (count 4; § 136.1, subd. (b)(1)), all arising out of conduct involving the same victim on January 29, 2013. On August 8, 2013, by plea agreement, the prosecutor moved to strike the allegations that the attempted murder was willful, deliberate, and premeditated, and defendant pled no contest to attempted murder and dissuading a witness and admitted his personal use of a knife, in anticipation of a sentence ranging from felony probation to up to 10 years in prison.

1 Unspecified section references are to the Penal Code.

At sentencing on September 19, 2013, after hearing from the victim, her grandfather, and defendant, the trial court imposed the maximum possible sentence, consisting of the nine year upper term for the attempted murder, plus a one year enhancement for personal use of a knife. The court also imposed a concurrent two years, the middle term, for dissuading a witness. The court ordered a victim restitution fine of $5,600, and direct victim restitution of $109,229 to cover the hospital bills described in the probation report, plus $630.33 to reimburse the Victim Compensation and Government Claims Board, as well as $600 requested by the prosecutor to cover the victim’s cost of withdrawing from school. Defendant was given 203 days of presentence credit based on 177 actual days in custody. Because attempted murder is a violent felony (§ 667.5, subd. (c)(12)), defendant’s good time/work time credits were limited to 26 days or 15 percent. (§ 2933.1, subd. (c).) The remaining charges were dismissed on the prosecutor’s motion. Through counsel, on October 3, 2013, defendant filed a notice of appeal anticipating raising sentencing issues without obtaining a certificate of probable cause. By letter dated February 24, 2014, this court notified defendant that his appointed appellate counsel filed a brief inviting us to identify any arguable appellate issues. Defendant has accepted our invitation to file a letter raising issues. After reviewing the record, we conclude that there is no issue that counsel should have argued on appeal. II. STANDARD OF REVIEW We review the entire record to determine whether appointed counsel has correctly determined that there are no arguable issues. (People v. Wende (1979) 25 Cal.3d 436, 441.) In performing our review, we are required to give a brief description of the facts, the procedural history, the crimes of which the defendant was convicted, and the punishment imposed, and to address any contentions personally raised by the defendant. (People v. Kelly (2006) 40 Cal.4th 106, 124.)