Opinion
NOT TO BE PUBLISHED
Super. Ct. No. SF08116
CANTIL-SAKAUYE, J.
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436.
According to the transcript of the preliminary hearing to which the parties stipulated as a factual basis, the victim had tried to punch defendant Robert Clark after losing a game of cards. The defendant armed himself with a “cap and ball” pistol in his bedroom because he was afraid the victim would renew his attack. When the victim approached the defendant again when he reëntered the room, the defendant hit him on the back of the head with the weapon. The defendant then went into his office and disassembled the weapon, where the officer responding to the incident found it. The defendant had a previous conviction for felony assault.
The magistrate held the defendant to answer on charges of possession of a firearm by a felon and assault with a firearm (the latter including a number of enhancements). After the trial court denied his motion to dismiss the possession count for insufficient evidence that the weapon was a firearm within the meaning of the statute, the defendant entered a stipulated plea of no contest to the possession count. Under the stipulation, defendant would receive probation with no more than a six-month jail term. In return, the prosecution would drop the assault count and its enhancements.
The court determined that the defendant was making a voluntary and intelligent waiver of his rights, and accepted the plea. It suspended imposition of sentence, and placed the defendant on formal probation for three years. The probation order included a 100-day jail term (with credit for two days of presentence custody); various fines and fees (with their statutory bases) that the court converted into 97 hours of community service; a $50 per month payment for the costs of probation; provisions for drug and alcohol testing (and a prohibition against alcohol use); and a requirement that the defendant attend courses for substance abuse and anger management.
These included a $720 fine, a $20 security fee, the minimum $200 restitution fine, a stayed $200 probation-revocation fine, and a $35 installment-account fee.
The defendant filed a notice of appeal in which he purported to challenge the denial of his motion to dismiss. He did not obtain a certificate of probable cause.
We have appointed counsel to represent the defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record and determine whether there are any arguable issues on appeal. Counsel advised the defendant of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have not received any communication from the defendant. Having undertaken an examination of the entire record, we do not find any arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: SIMS, Acting P. J., RAYE, J.