Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County. No. RIF133341, Dennis A. McConaghy, Judge.
Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RICHLI, Acting P.J.
On September 8, 2006, defendant smashed the driver’s side window of a truck where his on-again, off-again girlfriend was seated with some four- to six-inch rocks when she refused to open the truck’s window. The first time defendant hit the window with a rock, it shattered but did not hit the victim. The second time defendant, the rock further broke the window and struck the victim in the arm. The victim’s arm was bruised as a result, and her shoulder sustained small glass cuts from the broken window. Defendant threw several more rocks at the driver’s side windshield as the victim was exiting the truck through the passenger side.
The victim eventually escaped to a neighbor’s house, where police were called. When the police arrived, they interviewed the victim and her neighbor, who had observed the incident. During the interviews, the victim observed defendant drive by in his truck. Defendant was subsequently apprehended by the officer. When the officer approached defendant’s truck, he noted a strong odor of alcohol emanating from the truck and observed two cans of beer on the seat of the truck. Defendant’s eyes were bloodshot, watery, and droopy, and his speech was slurred. The officer opined defendant was intoxicated. This information was excluded from the police report, and no field sobriety tests were performed.
In 2002, defendant had struck the victim with his fist and kicked her in a parking lot. Another incident occurred in Mexico in 2003, when defendant, who was intoxicated, chased the victim down the street when she desired to leave the area without him.
Defendant was charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) (count 1), felony vandalism (Pen. Code, § 594, subd. (b)(1)), and being under the influence of alcohol (Veh. Code, § 23152, subd. (a)) (count 3). Following a jury trial, defendant was found guilty of counts one and two and acquitted on count three.
Defendant was sentenced to the low term of two years with credit for time served. He was ordered to pay victim restitution to be determined at a later date, a restitution fine of $200, a parole revocation fine of $200, and a court security fee of $20.
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 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: GAUT, J., MILLER, J.