People v. Hernandez CA6

Filed 4/11/16 P. v. Hernandez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H042778 (San Benito County Plaintiff and Respondent, Super. Ct. No. CR1501099)

v.

GREGORY ANTHONY HERNANDEZ,

Defendant and Appellant.

Defendant Gregory Anthony Hernandez pleaded no contest to a count of felony escape without force or violence (Pen. Code, § 4532, subd. (b)(1))1 and admitted he had suffered two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12). Pursuant to a plea agreement, the trial court sentenced defendant to an upper term of three years, doubled due to his prior strike convictions, for a total term in prison of six years. On appeal, his counsel has filed an opening brief in which no issues are raised and asks this court for 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 an independent review under Wende was being requested. We advised defendant of his right to submit written argument on his own behalf within 30 days. Defendant has submitted a letter brief raising several issues, including that he believes his plea was entered involuntarily. Pursuant to Wende, we have reviewed the entire record and have concluded that there are no arguable issues. We will provide “a brief description of the facts and 1 Unspecified statutory references are to the Penal Code.

procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed.” (People v. Kelly (2006) 40 Cal.4th 106, 110.) Pursuant to Kelly, we will consider defendant’s letter brief and will explain why we reject his contentions. (Id. at p. 113.) BACKGROUND Facts2 On June 24, 2015, defendant was released on a four-hour medical pass from San Benito County Jail. Defendant was verbally advised by Officer Mike Kirschmann that he was to return to the jail by noon that same day and signed a prisoner release agreement to the same effect. Defendant failed to return to jail by the specified time and was arrested three days later. Procedural History On June 30, 2015, the San Benito County District Attorney’s Office filed a complaint charging defendant with one count of felony escape (§ 4532, subd. (b)(1)). It was further alleged that defendant had two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12) and had served three prior prison terms (§ 667.5, subd. (b)). On August 7, 2015, defendant pleaded no contest to the count of felony escape and admitted his two prior strike convictions. His plea was entered under the agreement that he would receive a maximum of six years in prison, composed of an upper term of three years on the felony escape charged, doubled due to his prior strike convictions. On August 27, 2015, the trial court sentenced defendant to the agreed-upon term of six years in prison. The court also dismissed the allegations that defendant had served three prior prison terms. Defendant was awarded 124 days of custody credit, composed