People v. Mendoza CA5

Filed 11/13/15 P. v. Mendoza CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068930 Plaintiff and Respondent, (Super. Ct. No. F12300595) v.

TORIBIO ALEJO MENDOZA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Hilary A. Chittick, Judge. David Y. Stanley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Peña, J.

Toribio Alejo Mendoza was convicted of numerous crimes as the result of two separate incidents that occurred on the same day. The victims were Mendoza’s sister’s landlord and Mendoza’s mother. In addition, numerous enhancements were found to be true, including firearm enhancements and four prior convictions that constituted strikes within the meaning of Penal Code section 667, subdivisions (b)-(i).1 The third strike sentence will likely result in Mendoza’s incarceration for the rest of his life. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asserting he did not identify any arguable issues in this appeal. By letter dated September 24, 2014, we invited Mendoza to inform the court of any issues he wished us to address. Mendoza did not respond to our letter. After thoroughly reviewing the record, we conclude there are no arguable issues in this case and affirm the judgment. FACUTAL AND PROCEDURAL SUMMARY The Information The information charged Mendoza with false imprisonment (§ 236, count 1), two counts of making a criminal threat (§ 422, counts 2 and 5), two counts of possession of a firearm by a felon (§ 29800, subd. (a)(1), counts 3 and 8), kidnapping by force or fear (§ 207, subd. (a), count 4), assault with a firearm (§ 245, subd. (a)(2), count 6), and attempted second degree robbery (§§ 211, 664, count 7). The information also alleged the following enhancements: (1) counts 1, 2, 5, and 6 alleged Mendoza personally used a firearm within the meaning of section 12022.5, subdivision (a); (2) counts 4 and 7 alleged Mendoza personally used a firearm within the meaning of section 12022.53, subdivision (b); (3) as to all counts, Mendoza had four prior convictions which constituted strikes within the meaning of section 667, subdivisions (b)-(i); and (4) Mendoza had served three prior prison terms within the meaning of section 667.5, subdivision (b).