Opinion
D041389.
7-15-2003
THE PEOPLE, Plaintiff and Respondent, v. JOSE F. ALCALA, Defendant and Appellant.
Jose F. Alcala entered negotiated guilty pleas to two counts of assault with a deadly weapon or by means of force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1).) The court suspended imposition of sentence and placed him on three years probation, including conditions he serve 270 days in custody and pay $ 19,195.33 restitution.
FACTS
On May 19, 2002, Jose Maldonado and Edwin Lozano were outside a San Marcos apartment complex when Alcala and three companions confronted them. Alcala and a codefendant accused Lozano and Maldonado of inappropriate behavior toward two girls. Alcala carried a bat and his codefendant a knife. A fight ensued. Alcala hit Lozano with the bat. The codefendant threw a bike at Maldonado and stabbed Lozano with a screwdriver. At a restitution hearing, the court made Alcala and his codefendant jointly and severally liable for restitution.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071. Pursuant to Anders v. California (1967) 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396, counsel refers to as a possible but not arguable issue whether the trial court erred in ordering Alcala to pay restitution for injuries a codefendant, not Alcala, personally inflicted.
We granted Alcala permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Alcala on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: BENKE, Acting P. J. and McINTYRE, J.