Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County Nos. FWV033025 & FVA701539. Douglas A. Fettel, Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.).
Patrick J. Hennessey, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P. J.
Defendant and appellant Jose Luis Manrique, Jr., appeals from a judgment and sentence in case No. FVA701539, and from the revocation of his probation in case No. FWV033025.
FACTUAL AND PROCEDURAL BACKGROUND
On November 30, 2004, defendant’s sister called the police because defendant and her father were involved in a fight. The family was preparing to move, and the father had given defendant’s sister some money to buy food but stated he would not buy any food for defendant because he was not helping out. Defendant became angry, kicked his sister in the back, and grabbed the money away from her. Another sister took the money back, but defendant grabbed it from her and slammed her hand against the side of the moving van. When the father stepped out to intercede, defendant hit him in the face three or four times and then walked away with the money. Police found defendant in the area and arrested him.
As a result of this incident, defendant was charged in case No. FWV033025 with two counts of second degree robbery. (Pen. Code, § 211.) As a result of plea negotiations, the complaint was amended to add a third count of grand theft. (§ 487.) Defendant pled guilty to the new count of grand theft and the two robbery counts were dismissed. Defendant was granted three years’ probation subject to various terms and conditions, including 180 days in jail, participation in work release and anger management programs, drug testing, and counseling. In addition, probation condition No. 8 precluded defendant from possessing any dangerous or deadly weapons.
All further statutory references are to the Penal Code.
A petition to revoke defendant’s probation was filed on August 9, 2007, for failing to cooperate with his probation officer and to appear at a scheduled appointment.
On September 10, 2007, shortly after the revocation petition was filed in case No. FWV033025, defendant’s father called the police because defendant, who suffers from schizophrenia and paranoia, was refusing to take his medication, had been drinking for several days, and was becoming violent. The father also stated defendant had threatened to kill him on numerous occasions earlier in the day.
At a preliminary hearing, a police officer testified he was dispatched to defendant’s apartment at approximately 10:30 p.m. The officer made contact with defendant inside the apartment, when defendant exited his bedroom. Defendant had his right hand inside his pocket, so the officer asked him to remove it, but he refused, turned away, and walked back into his bedroom. The officer ordered defendant to turn back and stop. Although he complied with the officer’s demands, he also removed his hand from his pocket to reveal a 10- to 12-inch butcher knife and began to move toward the officer. Defendant pointed the knife toward the officer and the officer’s partner. The officer withdrew his service weapon, and the officer’s partner withdrew his taser and shot it at defendant. Defendant was then taken into custody. During an interview while in custody, defendant admitted he had not taken his medication and was using methamphetamine.
As a result of this incident, defendant was charged in case No. FVA701539 with assault with a deadly weapon on two police officers. (§ 245, subd. (c).) At the request of counsel, criminal proceedings were suspended, and defendant was referred to two different medical professionals to assess mental competency and sanity. After considering medical reports prepared by two different doctors, the court declared defendant competent and reinstated criminal proceedings.
Pursuant to a written plea agreement, defendant pled guilty on June 23, 2008, in case No. FVA701539, to assault with a deadly weapon. On September 25, 2008, the court followed the plea agreement and sentenced defendant to the low term of three years in prison. In case No. FMW033025, the court found defendant in violation of his probation, terminated probation, and sentenced defendant to the middle term of two years in prison to run concurrently with the term in case No. FVA701539.
Based on a stipulation of the parties, the abstracts of judgment in both cases were amended on March 17, 2009, to correct an error in the amount of presentence custody credits awarded. Pursuant to an order filed April 14, 2009, the record on appeal was augmented to include copies of the amended abstracts.
DISCUSSION
On October 15, 2008, defendant filed notices of appeal in case Nos. FWV033025 and FVA701539. We appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. On April 10, 2009, we offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: RICHLI, J., MILLER, J.