Filed 4/13/15 P. v. Victoriano CA1/1

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

v.

CARLOS AVALOS VICTORIANO,

Defendant and Appellant.

 A143396

 (Marin County

 Super. Ct. No. SC187975)

In this appeal, counsel for appellant Victoriano indicates he has reviewed the 

record in the matter and has decided to file a brief pursuant to People v. Wende (1979) 

25 Cal.3d 436. He has advised appellant of this conclusion and indicated to Victoriano 

that he may decide to submit to this court a written statement of legal issues appellant 

believes are available here. Thirty days have passed and we have received no 

supplemental statement from appellant. We therefore have conducted an independent 

review of the record in this case. We find the appeal appropriate under California Rule of 

Court, rule 8.304, subdivision (b). We affirm the judgment.

STATEMENT OF THE CASE

The District Attorney of Marin County filed a complaint on February 24, 2014, 

charging appellant with one count of second degree robbery, a violation of Penal Code1

section 211, and one count of assault with a deadly weapon, a violation of section 245, 

 

1 Unless otherwise stated, all statutory references are to the California Penal Code.
2

subdivision (a)(1). The alleged deadly weapon was a knife. Each count had an allegation 

of great bodily injury pursuant to section 12022.7, subdivision (a), and each offense was 

alleged as a strike based on section 1170.12, subdivisions (a), (b), and (c). Each was 

alleged as a serious and violent felony pursuant to sections 667.5, subdivision (c)(9) and 

1192.7, subdivision (c).

On June 4, 2014, appellant eventually entered a guilty plea to count two, a 

violation of section 245, subdivision (a)(1) and all but one of the enhancements. The 

prosecution dismissed count one and the great bodily injury allegation. 

On October 17, 2014, appellant was sentenced to the aggravated term of four years 

in state prison. Appellant’s appeal contains no certificate of probable cause. 

STATEMENT OF FACTS2

On February 6, 2014, the police were advised of a stabbing located on Woodland 

Avenue in San Rafael. The victim was attempting to unlock his front door when 

appellant approached and demanded his cell phone. When the victim told appellant he 

had no such item, Victoriano proceeded to stab him two times. Appellant then knocked 

the victim to the ground and took his wallet, containing $60. When the victim yelled for 

assistance, appellant tried to stab him two more times. During this confrontation, the 

victim detected the odor of alcohol on the person of Victoriano. After the police arrived, 

they took the victim to the hospital for medical treatment. 

On February 22, 2014, the victim saw appellant walking on Woodland Avenue

and he alerted the police. Victoriano was then arrested and he confessed to the incident 

on February 6, 2014. He affirmed he wanted to steal a cell phone. Appellant conceded 

that he was drinking that day and becomes aggressive when he is in this condition. 

 

2

The statement of facts is drawn from the Marin County Probation Department report.
3

ANALYSIS

In this case, we find the appellant was properly advised of his rights during the 

change of plea. There is no certificate of probable cause attached to this appeal, and no 

meritorious issues emerge from a review of the record. The appellant was properly 

represented by appointed counsel in the proceedings below. We therefore affirm the 

judgment. 
4

_________________________

Dondero, J.

We concur:

_________________________

Margulies, Acting P.J.

_________________________

Banke, J.
5

A143396