Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County, No. PA 062544 Barbara M. Scheper, Judge. Affirmed.
Janice Wellborn, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
FLIER, J.
Appellant John Matthew Naglich was charged with attempted murder (count 1), corporal injury to a spouse or cohabitant, with a prior conviction for that offense (count 2), criminal threats (count 3), and assault by means of force likely to produce great bodily injury, under circumstances involving domestic violence (count 4). Those four counts included an allegation of personal infliction of great bodily injury (Pen. Code, § 12022.7, subd. (e); the section 12022.7(e) allegation). They all involved an incident on August 10, 2008, and the same victim, Kathy H. A fifth count alleged willful disobedience of a protective order, between August 25, 2008, and September 10, 2008.
According to the probation report, appellant choked Kathy H. and twisted her neck, while he was cohabiting with her. He thereafter violated a court order by writing letters to her.
On January 30, 2009, the court denied a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). Pursuant to a negotiated plea, appellant then pled nolo contendere to count 2, the prior conviction for the same offense, and the section 12022.7(e) allegation. He was sentenced to prison for the midterm of four years on count 2 plus three years, the low term, for the section 12022.7(e) allegation. The remaining counts were dismissed.
Appellant filed a notice of appeal. He requested a certificate of probable cause, stating, “I believe I admitted to corporal injury when there was no corporal injury.” The request for a certificate of probable cause was denied.
Appellant’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. Appellant was notified that he could file his own brief and did not do so.
Having reviewed the entire record, including the reporter’s transcript of the Marsden proceedings, we are satisfied that appellant’s attorney has fully complied with her responsibilities, and there are no arguable issues. (Smith v. Robbins (2000) 528 U.S. 259, 276; People v. Kelly (2006) 40 Cal.4th 106, 123-124; Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
We concur: RUBIN, Acting P. J., MOHR, J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.