Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County. Ct. No. SA063983 Elden S. Fox, Judge.
Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
BIGELOW, J.
A jury convicted Robert Recinos of assault by force likely to produce great bodily injury, with a finding that he did in fact inflict great bodily injury. The trial court placed Recinos on formal probation for 36 months on condition he serve 270 days in county jail. On appeal, Recinos’s appointed counsel has filed an opening brief which raises no issues. We have independently reviewed the record, and affirm the judgment. (People v. Wende (1979) 25 Cal.3d 436; People v. Kelly (2006) 40 Cal.4th 106.)
FACTS
At about 1:45 a.m. one morning in May 2007, Santiago Ramirez (the victim) and some of his friends, and Recinos and some of his friends, left the Rumba Room. As both groups were headed toward the taxi area, Recinos et alius punched Ramirez in the face and chest, knocked him to the ground, and then repeatedly kicked him in the chest and face. A deputy sheriff (who happened to be on foot patrol in the area) responded to the scene, and saw Ramirez lying on the ground with a bloody face, and saw Recinos being restrained by another person. Paramedics transported Ramirez to a local hospital where a physician’s assistant observed that Ramirez had facial swelling and bruising and “a lot of bleeding over his face.” Ramirez complained of headache, facial pain, right leg pain, and chest pain, and received treatment for a “comminuted” nose fracture, meaning the bone was “shattered in multiple pieces.”
In June 2007, the People filed an information charging Recinos with one count of assault with a deadly weapon (“shod feet”). The information further alleged that Recinos personally inflicted great bodily injury (GBI) on Ramirez during the commission of the assault. In October 2007, the People filed an amended information which changed the main charge to one count of assault by means likely to produce GBI. At the same time, the allegation that Recinos personally inflicted GBI on Ramirez during the commission of the assault remained the same. The case was tried to a jury in October 2007. The prosecution presented evidence establishing the facts summarized above. Recinos testified in his own defense, and maintained that Ramirez had started the fight. A jury rejected Recinos’s claim of self-defense, and, on October 31, 2007, found him guilty of assault by means like to produce GBI, and found the GBI allegation to be true. On January 3, 2008, the trial court suspended imposition of sentence, and placed Recinos on formal probation for 36 months on condition he serve 270 days in county jail.
Recinos filed a timely notice of appeal, and we appointed counsel to represent him on appeal. On June 16, 2008, Recinos’s appointed counsel filed an opening brief which raised no issues. On the same day, we notified Recinos that he could file within 30 days any argument or contention which he wished us to consider. Recinos has not responded to our letter. We have independently reviewed the record, and are satisfied that Recinos’s appointed counsel has fulfilled her duty, and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d 436; People v. Kelly, supra, 40 Cal.4th 106.)
DISPOSITION
The judgment is affirmed.
We concur: COOPER, P. J., RUBIN, J.