People v. Terra CA1/1

Filed 12/9/15 P. v. Terra CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A145039 v. JOSE ANTONY TERRA, (Alameda County Super. Ct. No. H55589) Defendant and Appellant.

Defendant Jose Antony Terra appeals from a judgment entered after his plea of no contest to a charge of kidnapping. His counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the judgment. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436; see Smith v. Robbins (2000) 528 U.S. 259.) Counsel notified defendant that he may file a supplemental brief with the court, but defendant did not submit his own brief. Upon independent review of the record, we conclude no arguable issues are presented for review and affirm the judgment. STATEMENT OF FACTS AND PROCEDURAL HISTORY Charges Defendant was charged with stalking (Pen. Code, § 646.9, subd. (a)), kidnapping (Pen. Code, § 207, subd. (a)), making a criminal threat (Pen. Code, § 422), corporal injury to a spouse or cohabitant (Pen. Code, § 273.5, subd. (a)), assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), two counts of witness tampering (Pen. Code,

§ 136.1, subd. (a)(2)), and six counts of disobeying a court order (Pen. Code, § 166, subd. (c)(1)). In addition, the information alleged use of a deadly weapon in connection with four of the charges (Pen. Code, § 12022, subd. (b)(1)) and infliction of serious injury on a domestic partner in connection with two counts, including the charge of kidnapping (Pen. Code, § 12022.7, subd. (e)). Facts According to the probation report, early on the morning of May 9, 2013, a Livermore police officer observed a pickup truck come to a sudden stop and pulled up behind it. A woman left the passenger door and ran 15 to 20 feet away. She was bloody, and her hair was disheveled. Defendant left through the driver’s side door and was ordered to the ground and handcuffed. He was found to be carrying a knife. During a later interview, the victim told police she was romantically involved with defendant. In a jealous rage the prior evening, defendant forced her into his truck and drove her around for six hours. He told her he would kill her with a knife if she tried to leave the truck, made other threats, and repeatedly slapped her and held the knife against her. After his arrest, defendant attempted to contact the victim from jail, in violation of an emergency protective order. Verdict and Sentence Defendant pleaded no contest to one count of kidnapping and admitted the allegation he inflicted great bodily injury on a domestic partner. The remaining charges were dismissed. He was sentenced to seven years in prison under the terms of the plea agreement. Trial Court Ruling Prior to sentencing, defendant filed a motion to withdraw his plea on the ground of conflict of interest of his attorney, who had been permitted to withdraw soon after the plea hearing. The plea withdrawal motion was accompanied by a declaration from the victim, who stated she had retained defendant’s attorney. Without defendant’s knowledge, she said, she told the attorney she wanted a quick resolution of the case because she did not want to testify against defendant. The attorney agreed to pursue a