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PEOPLE v. AWAD, E068785. (2018)

Court: Court of Appeals of California Number: incaco20180109039 Visitors: 11
Filed: Jan. 09, 2018
Latest Update: Jan. 09, 2018
Summary: NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. OPINION RAMIREZ , P. J. Defendant and appellant Mahmoud Mohammed Awad appeals from his conviction and seven-year sentence after pleading guilty to assa
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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

Defendant and appellant Mahmoud Mohammed Awad appeals from his conviction and seven-year sentence after pleading guilty to assaulting a fellow prison inmate. We affirm.

Facts and Procedure

On May 29, 2016, defendant and three codefendants assaulted another inmate, causing him serious or great bodily injury. On October 5, 2016, the People filed a felony complaint charging defendant in count 1 with assaulting an inmate with a deadly weapon and with force likely to cause great bodily injury (Pen. Code, § 4501),1 and in count 2 with assault causing serious bodily injury (§ 243, subd. (d)). As to both counts the People alleged defendant personally inflicted great bodily injury. (§ 12022.7, subd. (a). The People also alleged defendant had a prior strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)), a prior serious felony conviction (§ 667, subd. (a)), and prior prison conviction (§ 667.5, subd. (b)).

On June 23, 2017, defendant pled guilty to count 1, admitted the personal infliction of great bodily injury enhancement and the prior strike conviction.

On June 28, 2017, the court sentenced defendant according to the plea agreement to seven years in prison as follows: two years for count 1, doubled for the strike prior, plus three years for the great bodily injury enhancement.

This appeal followed.

Discussion

This court appointed counsel to represent defendant on appeal. 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, the facts, and potentially 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 independently reviewed the record for potential error and find no arguable issues.

Disposition

The judgment is affirmed.

McKINSTER, J. and MILLER, J., concurs.

FootNotes


1. Section references are to the Penal Code except where otherwise indicated.
Source:  Leagle

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