THE PEOPLE v. JONATHAN DAVILIA (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Jonathan Davilia appeals from the judgment entered following his court trial and conviction for street terrorism (count 1;  Pen.Code, § 186.22, subd. (a)) ¹ and two counts of assault with a deadly weapon (ADW;  § 245, subd. (a)(1)).   On count 2 for ADW, the trial court found that appellant personally inflicted great bodily injury on the victim. (§ 12022.7, subd. (a).)  Appellant was sentenced to eight years state prison ² and ordered to pay a $1,000 restitution fine (§ 1202.4, subd. (b)), a $1,000 parole revocation fine (§ 1202.45), victim restitution (§ 1202.4, subd. (f)), a $120 court security fee (§ 1465.8), and a $90 criminal conviction assessment fee (Gov.Code, § 70373).

We appointed counsel to represent appellant in this appeal.   After counsel's examination of the record, counsel filed an opening brief raising no issues.   On April 26, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal.   We have not received a response.

The trial evidence established that appellant stabbed Israel Abundis several times in the abdomen at Leonard Venegas' apartment on May 14, 2010.   Venegas tried to stop the attack and was stabbed in the arm by appellant.

Appellant fled and was later arrested.   Waiving his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694], appellant admitted stabbing Abundis and described the knife.   Appellant also admitted that he was an active member of the Colonia Chiques street gang.

Expert testimony was received that the Colonia Chiques was a criminal street gang and its primary activities involved violent crimes and assaults.   The evidence showed that appellant had engaged in other crimes on behalf of the Colonia Chiques and actively participated in the gang when he committed the charged offenses.

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issue exists,.  (People v. Wende (1979) 25 Cal.3d 436, 441;  People v. Kelly (2006) 40 Cal.4th 106, 126.)

NOT TO BE PUBLISHED.

We concur:

Superior Court County of Ventura

Mark R. Feeser, under appointment by the Court of Appeal, for Appellant.

No appearance for Respondent.

FOOTNOTES

FN1. All statutory references are to the Penal Code unless otherwise stated..  FN1. All statutory references are to the Penal Code unless otherwise stated.

FN2. Selecting count 2 (ADW;  Abundis) as the principal term, the court sentenced appellant to four years state prison plus three years on the great bodily injury enhancement (§ 12022.7, subd. (a)).  On count 3 (ADW;  Venegas), the trial court imposed a one year term (one-third the midterm) to run consecutive to count 2, for a total aggregate sentence of eight years.   On count 1 (street terrorism), the trial court sentenced appellant to two years to run concurrent to the principle term..  FN2. Selecting count 2 (ADW;  Abundis) as the principal term, the court sentenced appellant to four years state prison plus three years on the great bodily injury enhancement (§ 12022.7, subd. (a)).  On count 3 (ADW;  Venegas), the trial court imposed a one year term (one-third the midterm) to run consecutive to count 2, for a total aggregate sentence of eight years.   On count 1 (street terrorism), the trial court sentenced appellant to two years to run concurrent to the principle term.

GILBERT, P.J. COFFEE, J. Brian J. Back, Judge