People v. Alduenda CA5

INTRODUCTION

Appellant and defendant Joseph Steven Alduenda admitted probation violations in several cases and was sentenced to an aggregate term of nine years in state prison. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS

Case No. MCR051885A1 On or about June 18, 2015, defendant attacked Arturo Gasca, and punched and kicked him. Gasca suffered an orbital fracture. Defendant committed the offense with Jacob Martinez. They were both members of the Norteño gang, and defendant’s conduct benefitted the gang. The Complaint On June 23, 2015, a felony complaint was filed in the Superior Court of Madera County, case No. MCR051885A, charging defendant and codefendant Martinez with counts 1 and 2, assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)),2 with great bodily injury enhancements (§ 12022.7, subd. (a)) and gang enhancements (§ 186.22, subd. (b)(1)(C)); count 3, unlawfully taking or driving a vehicle (Veh. Code, § 10851, subd. (a)); and count 4,…