People v. Cordova CA6

Filed 9/23/15 P. v. Cordova CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H041572 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. C1241008, C1349169)

v. ROBERT JIMENEZ CORDOVA

Defendant and Appellant.

Pursuant to negotiated dispositions in two different cases, defendant Robert Jimenez Cordova pleaded no contest in case No. C1241008 to one count of inflicting corporal injury on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a),1 count 1) and one felony count of false imprisonment (§ 236, 237, count 3); and in case No. C1349169, defendant pleaded no contest to one felony count of buying or receiving a stolen vehicle (§ 496d, subd. (a)). Further, in case No. C1241008, defendant admitted that he had one prior strike conviction (§§ 667, subds. (b)-(i), 1170.12) and that he had served three prior prison terms within the meaning of section 667.5, subdivision (b). In both cases, other counts were submitted for dismissal at the time of sentencing; and in case No. C1241008 the prosecutor moved the court to dismiss a great bodily injury enhancement attached to one of those counts.

1 All further statutory references are to the Penal Code unless otherwise indicated.

In exchange for his no contest pleas, in case No. C1241008 defendant was promised a six-year (top/bottom) prison term; and in case No. C1349169 a 16-month prison term to run consecutive to that term. On August 29, 2014, the court sentenced defendant pursuant to the terms of the negotiated dispositions to seven years, four months in prison—six years for the infliction of corporal injury on a spouse or cohabitant with a concurrent term of four years for the false imprisonment, and one year, four months for buying or receiving a stolen vehicle. The court awarded defendant 1,157 days of custody credit in case No. C1241008. The court imposed various fines and fees in both cases. Defendant’s counsel filed a notice of appeal on October 10, 2014. Thereafter, on November 3, 2014, defendant filed a second notice of appeal and requested a certificate of probable cause. Defendant claimed that he came within provisions of the “ADA Act” and was denied “due process to present evidence of past and present mental health such as brain injurys (sic) which [he] could claim ‘IDIOCY’ as a plea.” The court denied the request. Defendant’s appointed counsel has filed an opening brief in which no issues are raised. Counsel asks this court to conduct an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel has declared that defendant was notified that no issues were being raised by counsel on appeal, and that he could file a supplemental brief with this court. On May 26, 2015, by letter, we notified defendant of his right to submit written argument on his own behalf within 30 days. That time has passed and we have not received a response from defendant.