People v. Aguilar CA4/2 ( 2013 )

Filed 12/30/13 P. v. Aguilar CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E058704
v. (Super.Ct.No. RIF1203593)
PIERRE ANTONIO AGUILAR, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Mac R. Fisher, Judge.
Affirmed.
Jan B. Norman, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
1
Defendant and appellant Pierre Antonio Aguilar was charged in a second amended
information with inflicting corporal injury upon a spouse (Pen. Code1, § 273.5 subd. (a),
count 1), assault with a deadly weapon (§ 245, subd. (a)(1), count 2), and dissuading a
witness from reporting a suspected crime (§ 136.1, subd. (c)(1), count 3). As to counts 1
and 2, the second amended information alleged that defendant personally inflicted great
bodily injury under circumstances involving domestic violence. (§§ 12022.7, subd. (e),
1192.7, subd. (c)(8).) It also alleged that defendant was out on bail on another felony
when he committed the offense in count 3 (§ 12022.1), and that he had served nine prior
prison terms (§ 667.5). Pursuant to a plea agreement, defendant pled guilty to count 1,
admitted that he personally inflicted great bodily injury and he was out on bail at the time
of the offense. He also admitted six prison priors. The court dismissed the remaining
counts and allegations in accordance with the plea agreement. The court sentenced
defendant to the low term of two years on count 1, three years on the great bodily injury
enhancement, two years on the out-on-bail provision, plus six years on the prison priors,
for a total of 13 years in state prison. The court awarded 248 days of presentence custody
credits.
Defendant filed an amended notice of appeal on May 16, 2013, alleging that the
appeal was based on the sentence or other matters that occurred after the plea. He also
filed a request for certificate of probable cause, which the court denied. We affirm.
1 All further statutory references will be to the Penal Code, unless otherwise
noted.
2
PROCEDURAL BACKGROUND
Defendant was charged with and admitted that, on or about July 21, 2012, he
inflicted corporal injury upon a spouse, a felony. (§ 273.5, subd. (a).)
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal. 3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of
the case and no potential arguable issues.
We offered defendant an opportunity to file a personal supplemental brief, which
he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal. 4th 106, we have
conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
J.
We concur:
RAMIREZ
P. J.
CODRINGTON
J.
3