Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 07F02616
NICHOLSON, J.
Following a jury trial, defendant Leon David Fields was convicted of assault with a deadly weapon, with a true finding that he inflicted great bodily injury, automobile theft, and possession of stolen property. Defendant filed an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by People v. Wende, supra, we affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.)
FACTUAL BACKGROUND
On March 9, 2007, Rajime Pamulaklakin went to work out at 24 Hour Fitness in Vallejo. He drove there in his black Toyota Rav4, and locked his belongings in a locker. After working out, Pamulaklakin returned to the locker room. His lock had been moved and his locker was empty. Pamulaklakin reported the theft to the gym manager. They found Pamulaklakin’s gym bag in the men’s restroom. His clothes were still in the bag, but Pamulaklakin’s car keys, cell phone, gym membership card, and driver’s license were missing. Pamulaklakin checked the parking lot and discovered his car was gone as well. Pamulaklakin then called the police.
Dan Gagnon, a loss prevention manager for the gym, reviewed the report and surveillance from the Vallejo gym. On the video, he saw a Black male enter the gym, go in and out of the locker room without changing clothes and go to the parking lot, where he appeared to be looking for a car. There was also a black Rav4 in the general vicinity where Pamulaklakin said he had parked his car.
Gagnon also began a computerized tracking process on Pamulaklakin’s gym membership card. This process tracked use of the membership cards. On March 14, 2007, defendant entered a 24 Hour Fitness in Sacramento and went to the men’s locker room. The tracking system alerted Gagnon that Pamulaklakin’s card had been used. Gagnon viewed the videos of the Sacramento facility and tried to identify the person he had seen in the earlier March 9 video. Gagnon also called the Sacramento gym manager, Christopher Kennedy, gave him a physical description of the suspect and told Kennedy to see if a person matching that description was in the locker room.
Kennedy saw defendant, who matched Gagnon’s description of the suspect, in the locker room. He asked defendant to show his membership card and go to the front of the gym. Defendant refused. Gagnon advised Kennedy he was sending the police and told him to detain defendant.
Kennedy tried to block defendant from leaving and defendant pushed him. From there, the situation escalated. Defendant repeatedly pushed Kennedy. Kennedy grabbed defendant and shoved him into the wall. The two “tussle[d] for a little bit,” until Kennedy pinned defendant against a handrail. Kennedy then felt a sharp pain in his left forearm followed by one in his right tricep. Kennedy started bleeding badly and other gym employees interceded and detained defendant. One of the employees saw a razor blade on the ground.
Surveillance video of the altercation between Kennedy and defendant showed Kennedy and defendant repeatedly crashing into a promotional banner with a hard plastic frame. The banner fell and was torn during the fight. There was also a metal fire alarm pole box and defibrillation device box in the same area. None of these items had sharp edges. Kennedy did not see defendant cut him or see defendant with a razor or other weapon.
Kennedy was treated at the hospital for his injuries. His left arm was deeply cut, requiring multiple levels of stitches which took two and a half to three hours to suture. The cut to his right tricep was a few inches long, but not as deep as the injury to his left arm and did not require stitches.
Pamulaklakin’s Toyota Rav4 was found in the parking lot of the Sacramento gym. It had sustained some minor damage, but was drivable. Sacramento Deputy Sheriff Kenneth Wight responded to the scene and lifted three fingerprints from the outside of the car. He also recovered a backpack near the front door of the gym which contained Pamulaklakin’s driver’s license and gym membership card, as well as some court papers for defendant. Wight saw the razor blade on the ground and booked it into evidence. No usable fingerprints were found on the razor blade.
Gagnon met the police at the gym and identified defendant as the same person in the video of the March 9 incident at the Vallejo gym. Defendant was arrested.
The following day, Vallejo Detective Jim Melville interviewed defendant about the car theft from the Vallejo gym. After initially denying any knowledge of Pamulaklakin’s car, defendant admitted going to an unlocked locker, finding a wallet and keys, using the key remote to find the car and taking the car. He also admitted taking Pamulaklakin’s gym membership card and driver’s license.
PROCEDURAL HISTORY
Defendant was charged with assault with a deadly weapon on Kennedy, with infliction of great bodily injury, unlawful driving and taking an automobile, purchase and receipt of a stolen vehicle, and receipt of stolen property as to Pamulaklakin’s gym membership card and identification.
During trial, defendant moved to exclude the audio taped interview of him by Detective Melville, claiming the Miranda advisement was defective and as a sanction for late discovery production. The court denied the motion. The court found the Miranda advisement was proper. The court also declined to exclude the evidence as a discovery sanction, but instructed the jury regarding the late discovery.
Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694] (Miranda).
The jury found defendant guilty of assault with a deadly weapon, automobile theft, and possession of stolen property. The jury also found true the great bodily injury allegation. The jury found defendant not guilty of the alternative charge of purchase and receipt of a stolen vehicle.
The court selected the assault as the principle term and sentenced defendant to the upper term of four years. An additional consecutive term of three years was imposed on the great bodily injury enhancement. The court also imposed a consecutive eight-month term on the automobile theft and a concurrent midterm of two years on the possession of stolen property. Defendant was given 446 days’ credit and various fines and fees were imposed.
DISCUSSION
Counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: SCOTLAND , P. J., SIMS , J.