Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County No. DF008124A. L. Bryce Chase, Judge.
William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Wiseman, Acting P.J., Levy, J., and Kane, J.
On October 26, 2006, appellant, Jesse Daly, was an inmate at North Kern County Prison. On that date, Daly was involved in an incident with two correctional officers. On January 2, 2007, the district attorney filed a complaint charging Daly with two counts of battery on a nonconfined person (Pen. Code, § 4501.5) and one count of battery by gassing on a nonconfined person (Pen. Code, § 4501.1).
On January 29, 2007, the court suspended criminal proceedings and ordered Daly evaluated pursuant to Penal Code section 1368 to determine his competency to stand trial.
On March 19, 2007, the court found Daly competent to stand trial and reinstituted criminal proceedings.
On April 2, 2007, the prosecutor amended the complaint to charge Daly with resisting or obstructing an executive officer. Daly pled no contest to this charge in exchange for the dismissal of the remaining charges and a mitigated term of 16 months, which he was to serve consecutive to the term he was already serving. After the parties waived a probation report, the court sentenced Daly pursuant to the plea agreement.
Daly’s appellate counsel has filed a brief which 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.) Daly has not responded to this court’s invitation to submit additional briefing.
Further, following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.