THE PEOPLE v. FRED ISRAEL VILLEGAS (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

OPINIONFACTS

On June 9, 2010, pursuant to a plea agreement, appellant, Fred Israel Villegas, pled guilty to first degree murder (Pen.Code, §§ 187, subd. (a), 189) ¹ and admitted an allegation that at the time he committed the offense, he was a minor at least 16 years of age (Welf. & Inst.Code, § 707, subd. (d)(1)).   The terms of the plea agreement included the following:  appellant would be sentenced to a term of 25 years to life in prison, and the prosecution would dismiss special circumstance allegations that (1) appellant committed the offense during the commission of a burglary (§ 190.2, subd. (a)(17)(G));  and (2) at the time of the offense, he was an active participant in a criminal street gang (gang) and he committed the offense to further the activities of the gang (§ 190.2, subd. (a)(22)).

On August 11, 2010, appellant made, and the court denied, a motion for the appointment of substitute counsel.   Subsequently, that same date, the court imposed a prison term of 25 years to life and the prosecution dismissed the special circumstance allegations.

On August 12, 2010, appellant filed a notice of appeal.   Insofar as the record reveals, appellant did not request, and the court did not issue, a certificate of probable cause (§ 1237.5).

Appellant's appointed appellate counsel has filed an opening brief, which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record.  (People v. Wende (1979) 25 Cal.3d 436.)   Appellant has not responded to this court's invitation to submit additional briefing.   We will affirm.

According to the report of the probation officer, reports of the Tulare County Sheriff's Department (TCSD) indicate the following:  On the night of March 3, 2009, TCSD deputies, responding to a report of a “man down,” went to an apartment in Richgrove, where they found a 14–year–old boy had died after suffering stab wounds.

Appellant lived in an apartment complex nearby.   He is an “admitted member” of a criminal street gang.   After learning that appellant had been seen in the apartment complex where the victim lived shortly before the victim was killed, deputies went to the apartment where appellant lived with his parents.   There, they found several items with blood on them.

Deputies took appellant to a TCSD sub-station for questioning during which appellant told deputies the following:  He had been walking through the apartment complex where the victim lived, “banging on windows and doors.”   The victim's apartment was the last one he went to.   Appellant unscrewed the outside light bulb so as not to be seen, and the victim got up off the sofa, walked to the sliding glass door, and “bent down to remove a lock.”   He had a kitchen knife in his hand.   The victim “tried to strike” appellant with the knife, but appellant “took one step into the apartment”;  “grabbed the knife”;  and, forgetting he had the knife in his hand, “began striking the victim with his hand․”  He stabbed the victim “several times,” and then panicked and ran off.

DISCUSSION

Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The judgment is affirmed.

FOOTNOTES

FOOTNOTE.  

FN1. Except as otherwise indicated, all statutory references are to the Penal Code..  FN1. Except as otherwise indicated, all statutory references are to the Penal Code.

THE COURT * FN*.  Before Cornell, Acting P.J., Poochigian, J., and Detjen, J.