Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court,No. FSB33751 of San Bernardino County. J. Michael Welch, Judge. Affirmed with directions.
Lizabeth Weis, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
RAMIREZ P.J.
Defendant pled guilty to voluntary manslaughter (Pen. Code, § 192, subd. (a)) and assault by means likely to produce great bodily injury. (§ 245, subd. (a)(1).) He also admitted having suffered a strike prior. (§ 667, subds. (b)-(i).) As part of his plea bargain, he waived his right to appeal from his convictions. Two and a half years before he had pled, proceedings had been suspended under section 1368 and reinstated a year later. They were again suspended six months after he entered his pleas and reinstated just before sentencing. He was sentenced to the agreed-upon term of 24 years in prison. The trial court granted him a certificate of probable cause.
All further statutory references will be to the Penal Code unless otherwise indicated.
FACTS
On February 24, 2002, defendant and the victim became involved in a verbal argument, which quickly escalated to a physical encounter, both begun by defendant. The victim’s boyfriend intervened and managed to get defendant to release the victim. However, the victim followed defendant to his car and reached inside. Defendant grabbed her arm and held it as he backed up, pulling her body under the front tire of his car. Defendant ran over the victim two more times before driving away.
Defendant’s Appeal
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The trial court is directed to amend the amended abstract of judgment to show that the voluntary manslaughter was Count 1 and the aggravated assault was Count 2, not Counts 4 and 2, respectively, as the amended abstract currently states. The court is further directed to indicate on the abstract that defendant was sentenced pursuant to section 667, subdivisions (b)-(i). The court is further directed to forward a certified copy of the amended abstract of judgment to the Department of Corrections. In all other respects, the judgment is affirmed.
We concur: McKINSTER J., KING J.