Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Kings County. Lynn C. Atkinson, Judge, Super. Ct. No. 06CM5043 .
Before Wiseman, Acting P.J., Cornell, J., Kane, J.
William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance, for Plaintiff and Respondent.
OPINION
It was alleged in an information filed December 11, 2006, that appellant Anthony Ray Gonzales committed two felonies, viz., second degree burglary (Pen. Code, §§ 459, 460, subd. (b); count 1) and attempted theft of a motor vehicle (Veh. Code, § 10851, subd. (a); Penal Code, § 664; count 2), and one misdemeanor, viz., unlawfully resisting, delaying or obstructing a peace officer (Pen. Code, § 148, subd. (a)(1)), and that he had served a prison term for a prior felony conviction (Pen. Code, § 667.5, subd. (b)). On February 6, 2007, pursuant to a plea agreement, appellant pled no contest to counts 1 and 3 and admitted the prior prison term enhancement allegation, and the court dismissed count 2. On March 8, the court imposed a prison term of three years, consisting of the two-year midterm on count 1 and one year on the enhancement. The court imposed a concurrent one-year term on count 3.
Further references to dates of events are to dates in 2007, unless noted otherwise.
On January 18 and again on February 5, appellant moved for appointment of substitute counsel. The court denied both motions.
On May 4, appellant filed a notice of appeal in which he requested the court issue a certificate of probable cause (Pen. Code, § 1237.5). On May 8, the court denied that request.
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
Our factual summary is taken from the report of the probation officer.
At approximately 11:30 p.m. on November 11, 2006, Police Officers Machado, Reese, and Carrillo received a dispatch regarding a report of a person attempting to break into a vehicle. Upon arriving at the scene of the reported break-in, Officer Machado shined a spotlight on a cream-colored Mercury Cougar automobile (the car), and saw a “male suspect” wearing a black jacket, red shirt, and black pants get out of the car and run toward a “nearby home.” When Officers Reese and Carrillo arrived, they saw a “male subject run from a vehicle toward the residence at 305 W. Second Street” (the residence). All three officers gave chase, shouting at the subject to stop. The subject “failed to comply.”
Eventually, the officers apprehended the subject, later identified as appellant, in the backyard of the residence. Officer Machado identified him as the person she saw in the car. As the officers escorted appellant to a patrol vehicle, appellant “continually attempted to pull away.” In searching appellant’s person, officers found a screwdriver in appellant’s pants pocket. In a search of the area near where appellant was apprehended, officers found another screwdriver, a flashlight, and the ashtray from the car. Near the car on the ground, police found another screwdriver and a box cutter. One of the car’s windows was broken.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.