Opinion
NOT TO BE PUBLISHED
Sonoma County Super. Ct. No. SCR499844
Siggins, J.
Richard Clapham appeals from a judgment and sentence following a no contest plea. His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 in order to determine whether there are any arguable issues on appeal. We find there are none, and affirm.
BACKGROUND
The victim worked with defendant at Pier One Imports and both were working after closing time on November 25, 2006. The manager asked them to clean the restrooms. Defendant went into the men’s room and the victim entered the women’s room, locking the door behind her. When she finished cleaning and opened the door to leave, defendant was standing naked at or near the door jamb. The victim tried to scream but defendant covered her mouth with his hand. They struggled and defendant pushed the victim backward into the women’s room. The victim resisted and attempted to push defendant’s hand off of her mouth. The store manager heard the victim’s screams and came to her aid. Defendant retreated to the men’s room as the victim and the manager called 911. When he reappeared fully clothed from the men’s room, the store manager noticed he had an erection.
Defendant told the investigating officer he had taken a sexual stimulant drug that evening and gone into the bathroom to masturbate; that he undressed and was masturbating when he felt thirsty and went to the water fountain in the hallway, where he accidentally encountered the victim; that they both got startled and struggled; and that he covered up her mouth because he did not want to get in trouble.
Defendant was charged with assault with intent to commit rape, sodomy, or oral copulation (Pen. Code, § 220, subd. (a)), false imprisonment (§ 236), and indecent exposure (§ 314, subd. (1)). The complaint also alleged that defendant had three prior “strike” convictions (§ 1170.12), three prior serious felony convictions (§ 667, subd. (a)(1)), and four felonies that resulted in prison terms (§ 667.5, subd. (b)). Defendant pleaded no contest to indecent exposure and admitted two prior strike convictions pursuant to a plea agreement. The remaining counts and enhancements were dismissed. Defendant was sentenced to a prison term of 25 years to life, with credit for 319 total days of pretrial confinement. This appeal was timely filed.
DISCUSSION
Defense counsel represents that he advised defendant of his right to submit supplemental written argument on his own behalf. He has not done so. Defendant has also been advised of his right to request that counsel be relieved and another attorney appointed. This court has reviewed the entire record on appeal. There are no legal issues that require further briefing.
DISPOSITION
The judgment is affirmed.
We concur: McGuiness, P.J., Pollak, J.