Opinion
NOT TO BE PUBLISHED
Superior Court County No.VA111297 of Los Angeles Lori Ann Fournier, Judge
Allison K. Simkin, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.
YEGAN, J.
Santiago O. Morales appeals from the judgment entered after a jury convicted him of two counts of resisting an officer (Pen. Code, § 69), two counts of threatening an officer (§ 71), and destroying evidence (§ 135). Appellant, in a bifurcated proceeding, admitted suffering a prior strike under the Three Strikes Law (§§ 667, subds. (b) – (i); 1170.12, subds. (a) – (d)), and four prior prison term enhancements (§ 667.5, subd. (b)). The trial court sentenced appellant to five years state prison as a second strike offender and ordered appellant to pay $200 restitution fines (§§ 1202.4, subd. (b); 1202.45).
All statutory references are to the Penal Code.
Appellant was sentenced to four years on count 1 for resisting an officer (two year midterm, doubled to four years based on the prior strike), plus one year on a prior prison enhancement. The trial court imposed concurrent four year sentences on the other counts for resisting and threatening an officer (two year midterms, doubled based on the prior strike) and a six month concurrent sentence on the misdemeanor count for destroying evidence, to be served in any penal institution. The remaining prior prison enhancements were stricken.
The evidence shows that two officers observed appellant purchase a white rock like substance resembling cocaine. Appellant was detained, swallowed the drug, and arrested. En route to the police station, appellant challenged the officers to a fight and tried to punch, kick and head-butt the officers. After he was subdued, appellant told the officer's "I'm from 18th street" and "I'm going to kick your ass!"
We appointed counsel to represent appellant in this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised.
On May 24, 2010, we advised appellant that he had 30 days in which to personally submit any contentions that he wished to raise on appeal. No response was received from appellant.
We have examined the entire record and are satisfied that appellant's appointed counsel has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: GILBERT, P.J., PERREN, J.