Opinion
2d Crim. No. B238176
11-29-2012
THE PEOPLE, Plaintiff and Respondent, v. DWIGHT DWAYNE DUNN, Defendant and Appellant.
Susan B. Gans-Smith, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. F451096)
(San Luis Obispo County)
Dwight Dwayne Dunn appeals a judgment following his conviction of assault by means of force likely to produce great bodily injury, with findings that he suffered three prior felony strike convictions. (Pen. Code, §§ 245, subd. (a)(1), 667, subds. (b)-(i), 1170.12, subds. (a)-(d).)
All further statutory references are to the Penal Code.
At a jury trial, the prosecutor presented evidence that on August 26, 2010, Dunn and three other patients at Atascadero State Hospital struck and kicked another patient. A hospital video camera recorded the incident. Hospital staff members stopped the assault and restrained Dunn and the others.
In a separate proceeding, the prosecutor presented evidence that Dunn suffered three prior serious felony strike convictions.
The jury convicted Dunn of assault by means of force likely to produce great bodily injury. (§ 245, subd. (a)(1).) The trial court found that he suffered three prior serious felony strike convictions. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) It sentenced Dunn to a prison term of 25 years to life. The court also imposed a $200 restitution fine and a $200 parole revocation restitution fine (stayed). (§§ 1202.4, subd. (b), 1202.45.) The court awarded Dunn 485 days of presentence custody credit.
We appointed counsel to represent Dunn in this appeal. After counsel's examination of the record, she filed an opening brief raising no issues.
On September 25, 2012, we advised Dunn that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.
We have reviewed the entire record and are satisfied that Dunn's attorney has fully complied with her responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
GILBERT, P.J. We concur:
YEGAN, J.
PERREN, J.
Jacquelyn H. Duffy, Judge
Superior Court County of San Luis Obispo
Susan B. Gans-Smith, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.