People v. Flores CA5

Filed 5/27/16 P. v. Flores 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F070498

v. (Kern Super. Ct. No. BF156383A)

TONY AUGUSTINE FLORES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Steven M. Katz, Judge. Carol Foster, 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., Kane, J., and Detjen, J.

INTRODUCTION Appellant Tony Augustine Flores was convicted pursuant to a no contest plea of one count of criminal threat within the meaning of Penal Code section 422.1 He admitted having suffered a prior strike conviction, having a serious felony conviction and having served a prior prison term. The Kern County Superior Court sentenced him to a total term of 10 years in prison. Petitioner filed a timely notice of appeal. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. This court thereafter issued a letter inviting appellant to submit supplemental briefing. No supplemental brief was submitted. STATEMENT OF THE CASE On August 5, 2014, the Kern County District Attorney filed a complaint charging appellant as follows: Count one, willful infliction of corporal injury resulting in a traumatic condition (§ 273.5, subd. (a)); count two, attempted murder (§§ 664 & 187, subd. (a)); count three, criminal threat (§ 422); count four, willful infliction of corporal injury resulting in a traumatic condition (§ 273.5, subd. (a)); and count five, misdemeanor false imprisonment (§ 236). As to counts one through five it was alleged that during the commission of the offense appellant personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (e), that he had suffered a prior strike conviction within the meaning of sections 667, subdivisions (c) through (j) and 1170.12, subdivisions (a) through (e), that he had suffered a prior serious felony within the meaning of section 667, subdivision (a) and that he had suffered two prior prison terms within the meaning of section 667.5, subdivision (b).