Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego County, Melinda J. Lasater, Judge, No. SCD205907
O'ROURKE, J.
Robert Merle Davis was initially found incompetent to stand trial in this case (Pen. Code, § 1368) and was committed to Patton State Hospital. Later, the court found him competent. In a jury trial, Davis was found guilty of assault with a deadly weapon and by means of force likely to cause great bodily injury (§§ 245, subd. (a)(1), 1192.7, subd. (c)(23)) and battery (§ 242). The jury found he was not legally insane when he committed the assault. Davis waived his right to a jury trial on allegations of two serious felony prior convictions (§ 667, subd. (a)(1)) and two strikes (§ 667, subds. (b)-(i)) and the court found them true. The court dismissed one of the strikes and sentenced Davis to 16 years in prison: six years (twice the middle term) for assault, five years for each serious felony prior, and credit for time served for battery. Davis appeals. We affirm.
All further statutory references are to the Penal Code.
BACKGROUND
On April 12, 2007, Davis attacked Randy Watson, who had a walking cast on his foot and used crutches. Davis threatened to kill Watson, and then he beat Watson with a stick. After seven blows, Watson lost consciousness. Davis punched and kicked Watson while he was on the ground, then resumed beating him with the stick. Watson got to his feet and tried to get away. Davis came after him with the stick. Watson fended Davis off with the crutches. After Davis was arrested and read his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436), he admitted beating Watson. A wound on the back of Watson's head required six to eight stitches. He was in the hospital for a month and suffered intense pain.
In the sanity phase of the trial, a psychologist testified that Davis suffered from paranoid schizophrenia and delusions but was sane at the time of the crime. A psychiatrist also testified Davis was sane.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as possible but not arguable issues, whether the court properly denied Davis's Marsden motions (People v. Marsden (1970) 2 Cal.3d 118) and whether the ruling that Davis was competent to stand trial was supported by substantial evidence.
We granted Davis permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Davis has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McDONALD, Acting P. J., AARON, J.