Opinion
E053370
09-12-2011
THE PEOPLE, Plaintiff and Respondent, v. THOMAS KING, Defendant and Appellant.
Cindi B. Mishkin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.No. RIF1100066)
OPINION
APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge. Affirmed.
Cindi B. Mishkin, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant Thomas King appeals from his conviction after a guilty plea and 16-month sentence for attempting to prevent the victim of a crime from reporting the crime (Pen. Code, § 136.1, subd. (b)(1)). As discussed below, we affirm the conviction.
All code sections are taken from the Penal Code unless otherwise indicated.
FACTS AND PROCEDURE
The facts are taken from the preliminary hearing held on January 19, 2011.
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On January 1, 2011, defendant and Sheila Williams, his girlfriend of three months, got into an argument at a neighbor's home. Ms. Williams went to a market to make a call at a payphone. Ms. Williams called 9-1-1. As she made the call, defendant walked up to her and said something like "You ain't going to call the cops, bitch," took the phone from her and hung it up. Defendant then punched Ms. Williams in the face. Ms. Williams's head hit the wall behind her, she went down, and defendant hit her in the stomach. Police arrived minutes later. Ms. Williams related to the responding officer what had happened. Her story was later confirmed by a woman just leaving church in the same parking lot. Ms. Williams denied everything at the preliminary hearing.
In an information filed on February 1, 2011, the People charged defendant in count one with preventing a witness from reporting a crime through the use of force (§ 136.1, subd. (c)(1); and in count two with misdemeanor battery (§ 243, subd. (e)(1)). The People also alleged that defendant had three prison term priors (§ 667.5, subd. (b)). Defendant pled not guilty.
On March 21, 2011, the People orally amended the information to add count three: attempting to prevent the victim of a crime from reporting the crime (§ 136.1, subd. (b)(1)). That same day, defendant pled guilty to count three only, in exchange for an agreed-upon sentence of sixteen months. This appeal followed.
DISCUSSION
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 conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
DISPOSITION
The conviction is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P.J.
We concur:
McKINSTER
J.
MILLER
J.