Opinion
D059523 Super. Ct. No. SCD229877
02-23-2012
THE PEOPLE, Plaintiff and Respondent, v. RODNEY HOLLINGSWORTH, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from a judgment of the Superior Court of San Diego County, Gale E. Kaneshiro, Judge. Affirmed.
Rodney Hollingsworth was convicted by a jury of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and battery causing great bodily injury (§ 243, subd. (d)). The jury also found true an allegation that Hollingsworth inflicted great bodily injury within the meaning of section 12022.7, subdivision (a).
All further statutory references are to the Penal Code unless otherwise specified.
Hollingsworth was sentenced to a determinate term of seven years in prison. Hollingsworth filed a timely notice of appeal.
Counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) raising possible, but not arguable issues. We offered Hollingsworth the opportunity to file his own brief on appeal. Hollingsworth has not responded.
STATEMENT OF FACTS
In September 2010, Michael Warren, the victim in this case, was homeless and living in San Diego. Warren had an argument with a man named Art regarding the amount of vodka Warren drank from Art's bottle. Ultimately, Art talked to Hollingsworth, who then got into an argument with Warren. Warren walked away and returned to the place on a sidewalk where he laid down on his bed.
Within a few moments, Hollingsworth appeared with a metal pole. Hollingsworth then struck Warren with the pole 15 to 18 times.
Several witnesses observed the beating. Fred Tate identified Hollingsworth as the assailant as did Candace Ridley. A third person witnessed the events but could not identify anyone involved.
Warren suffered a broken leg and required stitches to close a laceration. Warren was released from the hospital later that night. Two days later Warren saw Hollingsworth at a homeless shelter and notified police. Hollingsworth was arrested.
During her testimony, witness Candace Ridley described how she identified Hollingsworth from a photographic lineup. She expressed her unwillingness to get involved and her reluctance to review the photographs. Nonetheless she did review them and identified Hollingsworth, who was the only light skinned male in the group. Defense counsel did not object to Ridley's identification nor were any motions brought by the defense to suppress the identification Ridley made. Ridley did identify Hollingsworth at trial.
DISCUSSION
As we have previously noted, appellate counsel has filed a brief indicating he is unable to identify any argument for reversal and asks this court to review the record for error as mandated by Wende, supra, 25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, the brief identifies the possible, but not arguable issue:
1. Whether Hollingsworth received ineffective assistance of counsel due to counsel's failure to object to Ridley's testimony identifying him as the perpetrator of the offense.
We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, and have not found any reasonably arguable appellate issues. Competent counsel has represented Hollingsworth on appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
McINTYRE, J.
IRION, J.