Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. SWF017573. F. Paul Dickerson, III, Judge.
Joanna Rehm, 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
In an information filed August 28, 2006, the District Attorney of Riverside County, in case number SWF017573, the defendant was charged with one count of vandalizing personal property resulting in damage greater than $400 in violation of Penal Code section 594, subdivision (b)(1), and one count of damaging a telephone wire or apparatus in violation of section 592. The information further alleged appellant suffered a prior serious felony “strike” and three prior prison terms. (§ 667, subd. (c)(e)(1); 667.5, subd. (b); 1170.12, subd. (c)(1).)
All further statutory references will be to the Penal Code unless indicated.
On October 3, 2006, proceedings were suspended pursuant to section 1368 to determine if appellant was competent to stand trial. Two psychologists were appointed to examine defendant, and based upon their reports filed October 25, 2006, the trial court found defendant competent to understand the nature and purpose of the proceedings against him and to assist his attorneys in his defense. On October 25, 2006, the court found defendant mentally competent to stand trial and proceedings were reinstated.
Trial on the prior strike and prior prison term allegations was bifurcated, and following a jury trial, defendant was found guilty as charged. Defendant waived jury trial on the enhancement allegations, and the court found them to be true.
Thereafter, defendant was committed to state prison for seven years and awarded the appropriate custody credits.
STATEMENT OF FACTS
Defendant lived with his brother-in-law, Sophal Unm, and Unm’s family in Murrieta. On August 1, 2006, defendant’s sister, Chantha Lon, came to visit. According to Ms. Lon, defendant became upset and angry with their mother, who had left, and so he threw a rice cooker at the television, damaging it. He also cut the pillows of a sofa using scissors or a knife. Ms. Lon became scared and tried to call 911, but she mistakenly dialed 199. She did not want defendant to know she had used the phone so she put it on the floor; however, defendant picked it up and threw it onto the floor, breaking it into pieces. Ms. Lon sat with defendant on the sofa until police arrived, at which time defendant left to hide in a closet.
Upon their arrival, police officers were approached by family members who were speaking in Cambodian and pointing to a closet in the downstairs bedroom. Officer Feree of the Murrieta Police Department testified that miscellaneous items of furniture and a rocker were barricading the doors to the closet. Defendant was found crouched inside, with a blank stare on his face. There were several knives at his feet, but according to Ms. Lon, the knives had been put in the closet previously. After he exited the closet, defendant became extremely agitated and appeared to be arguing with his family members in Cambodian.
Mr. Unm testified that he was the owner of the house and had purchased the sofa and the big screen television that defendant damaged. The television could not be fixed and he threw it away. He also was unable to repair the sofa, the rice cooker or a damaged DVD. The sofa had been extensively damaged prior to the incident, but the cuts in the pillow were new. Unm estimated the value of the items damaged, collectively, to be approximately $5,000.
Officer Carney did not speak Cambodian and he relied on Mr. Unm to translate for him as he interviewed Ms. Lon. Ms. Lon appeared to be frightened, and she pointed with her hands to the damage to the television, the sofa and the telephone. Over defendant’s hearsay objection, Officer Carney testified that, as related to him by Mr. Unm, Ms. Lon said that defendant used a knife to slash the cushions on the couch, and that when she picked up the telephone to call the police, defendant pulled the telephone out of her hands, ripped it from the jack, and smashed it to the ground.
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 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 the 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.
The judgment is affirmed.
We concur: HOLLENHORST, J., McKINSTER, J.