Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCD219678, Cynthia Bashant, Judge.
McINTYRE, J.
A jury convicted Sinue G. Fernandez of corporal injury to a cohabitant (count 1) and assault by means of force likely to produce great bodily injury (count 2). The jury also found that, in committing these offenses, Fernandez personally inflicted great bodily harm. The trial court denied probation and sentenced Fernandez to seven years in prison, consisting of the middle term of three years as to count 1 and the middle term of four years for the enhancement of personally inflicting great bodily harm. The court imposed and stayed the same sentence for count 2.
FACTS
Fernandez lived with Stacy Sweat, his girlfriend of two years. On the evening of Saint Patrick's Day in 2009, the couple got into an argument that culminated with Sweat asking Fernandez to move out. During the argument, Sweat went to the bedroom, closed the door and blocked it with chairs because she was scared. Suddenly, Fernandez broke through the door and proceeded to hit Sweat in the face. Fernandez dragged her out of the bedroom by her hair. Sweat was crying and begging for him to stop, but Fernandez told her that she was going to die. Fernandez pushed Sweat against the wall and slammed her head into it. After Sweat fell to the floor, Fernandez got on top of her and continued to punch her. Ultimately, Sweat escaped to a neighbor's house, who called 911.
In addition to counts 1 and 2, set forth above, the People charged Fernandez with making a criminal threat (count 3) and disobeying court orders obtained to prevent domestic violence (counts 4-6). Pursuant to the People's motion, the trial court dismissed counts 4, 5, and 6 before trial. After the jury found Fernandez guilty on counts 1 and 2, the court declared a mistrial as to count 3 because the jury was hopelessly deadlocked.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presented no argument for reversal, but asked this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende). Under Anders v. California (1967) 386 U.S. 738 (Anders), he listed as possible but not arguable issues, whether: (1) the trial court abused its discretion in sentencing Fernandez to the middle term of three years as to count 1 and four years as to the enhancement of personally inflicting great bodily harm; (2) the trial court abused its discretion in denying probation; and (3) Fernandez received adequate representation. We granted Fernandez permission to file a brief on his own behalf. He has not responded.
Our review of the record pursuant to Wende, including the possible issues listed by counsel pursuant to Anders, has disclosed no reasonably arguable issues on appeal. Competent counsel has represented Fernandez on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: BENKE, Acting P. J., HALLER, J.