Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County. Super. Ct. No. FSB058424 Bryan Foster, Judge.
Randall Bookout, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P.J.
Statement of the Case
On April 18, 2007, an information was filed by the San Bernardino County District Attorney charging defendant, Kenneth Guardaben, with one count of battery with serious bodily injury (Pen. Code, § 243, subd. (d)) and one count of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)).
On June 8, 2007, defendant, represented by counsel, pled nolo contendere to assault by force likely to produce great bodily injury. In accordance with the negotiated disposition, defendant was committed to state prison for two years and awarded the appropriate custody credits.
A notice of appeal indicating a challenge to the validity of the guilty plea was filed on June 28, 2007, even though the trial court refused to issue a certificate of probable cause. An amended notice of appeal specifying sentencing was filed on July 25, 2007.
Statement of the Facts
On October 3, 2006, at approximately 11:18 p.m., San Bernardino County Deputy Sheriff John Meyers responded to a call at a board and care facility. One of the female residents said that she entered her dark room after watching a movie, and while she was changing her clothes, defendant jumped up and began to choke her. She told defendant he was her best friend and begged him to stop, but he refused.
The statement of facts are taken from the preliminary hearing transcript of the proceedings conducted on April 11, 2007.
Another woman who had been asleep in the room went across the hall and summonded help from Derrick Cole. Cole turned on the light and saw defendant choking the victim, who by now was turning blue. Cole threw defendant down and defendant struck his head on a bunk bed frame. Cole hit him when defendant approached him with a clenched fist. Defendant eventually left the house.
According to Deputy Meyers, the lower portion of the victim’s throat was red and appeared to be swollen.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
Disposition
The judgment is affirmed.
We concur: HOLLENHORST J., MILLER J.