Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC630031
Mihara, J.
Defendant Luis Alfonso Madrigal appeals from a judgment of conviction entered after a court trial in which he was found guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), battery (§§ 242, 243, subd. (a)), and vandalism (§ 594, subds. (a) & (b)(2)(A)). The trial court also found that defendant personally used a deadly weapon during the assault (§§ 667, 1192.7) and personally inflicted great bodily injury (§§ 667, 1192.7). Defendant was sentenced to three years in state prison and filed a timely notice of appeal.
All further statutory references are to the Penal Code.
I. Facts
Defendant was living with Juan Rodriguez (Juan) and others, including Juan’s brother, Jose Raul Rodriguez (Raul), and their cousin, Jose Cortes Rodriguez (Cortes). Juan was on probation with alcohol and drug conditions. Thus, he told defendant that there could be no alcohol in the home.
On May 20, 2006, defendant, Juan, Raul, and Cortes stopped at a liquor store for some non-alcoholic drinks. As they were driving home, Cortes noticed that defendant had a beer in his pocket. He told Juan, who threw the beer across the street. Defendant hit Juan and broke his nose. Defendant hit Raul when he attempted to stop defendant. Defendant then hit Juan’s head with a golf club. Defendant also broke the windows of Raul’s car and threw a rock that hit Juan’s head.
Defendant testified that he threw a soda bottle at Juan after Juan threw his beer away. Juan then began punching defendant, who retaliated. Defendant was also hit with a baseball bat. One of the men approached him with a golf club, which defendant took away. Defendant accidentally broke the car window. Defendant then ran away.
II. Discussion
Appointed appellate counsel has filed an opening brief which states the case and the facts, but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but he has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
III. Disposition
The judgment is affirmed.
WE CONCUR: Bamattre-Manoukian, Acting P.J., Duffy, J.