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The People v. Daniel Alberto Rangel-Solorio

December 23, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DANIEL ALBERTO RANGEL-SOLORIO, DEFENDANT AND APPELLANT.



(Sonoma County Super. Ct. No. SCR580502)

The opinion of the court was delivered by: Jenkins, J.

P. v. Rangel-Solorio

CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

This is an appeal from judgment following entry of a no contest plea by appellant Daniel Alberto Rangel-Solorio to one felony count of assault with a deadly weapon and his admission of an enhancement for inflicting great bodily injury. The trial court sentenced appellant to a total of six years in prison and ordered him to pay $100,909.86 in restitution, as well as other fines and assessments.

After appellant filed a timely notice of appeal, appellate counsel was appointed to represent him. Appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (People v. Wende), in which she raises no issue for appeal and asks this court for an independent review of the record. (See also People v. Kelly (2006) 40 Cal.4th 106, 124 (People v. Kelly).) Counsel attests that appellant was advised of his right to file a supplemental brief in a timely manner, but he has not exercised this right.

Mindful that our review is limited to grounds for appeal occurring after entry of the plea (Cal. Rules of Court, rule 8.304(b)(5)), we have examined the entire record in accordance with People v. Wende and People v. Kelly. For reasons set forth below, we agree with counsel that no arguable issue exists on appeal. Accordingly, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On March 30, 2010, a complaint was filed charging appellant with one felony count of assault with a deadly weapon (Penal Code, § 245, subd. (a)(1)), and alleging an enhancement for inflicting great bodily injury (id., § 12022.7, subd. (a)).*fn1

The felony charge and enhancement stemmed from events occurring on March 28, 2010 in Rohnert Park. At about 5:00 a.m., Rohnert Park police officers responded to a residence to investigate a reported stabbing. There, police found the victim, Guadalupe Sanchez, in a bedroom with a one-inch puncture wound to the chest. The victim's roommates reported he had been in an altercation with appellant earlier in the evening, and had then walked home, where they found him bleeding several hours later.

At the hospital, the victim was treated for a stab wound to his left chest, which resulted in internal bleeding, fluid production in the chest cavity, a collapsed left lung, low blood pressure and anemia. The victim remained hospitalized for six days and ultimately incurred over $100,000 in medical bills.

Three hours after responding to the 911 call placed by the victim's roommates, the victim's condition stabilized, permitting police to interview him at the hospital. The victim reported that he had been making out in a car with his girlfriend, Ms. Solorio, who had also been appellant's longtime girlfriend. Suddenly, the car door opened and appellant reached across Ms. Solorio, who was seated in the driver's seat, to punch the victim, seated in the passenger seat, in the chest. The victim believed he was stabbed when punched. The victim then exited the car and confronted appellant, before ultimately running away.

Police also interviewed Ms. Solorio. She reported that, the previous night, while reclined in the seat of her car with the victim, appellant opened the door and said: "You said nothing was going on." Appellant then reached across Ms. Solorio to punch the victim five or six times. The victim yelled, "stop it," and appellant backed away. Once both men were out of the car, they chased each other around for a short time before the victim ultimately fled. Appellant then asked ...


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