Opinion
NOT TO BE PUBLISHED
Superior Court County of Santa Barbara Nos. 1215894, 1291008, Clifford R. Anderson, III, Judge
California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard Lennon, Staff Attorney, for Defendant and Appellant.
No appearance for respondent.
YEGAN, Acting P.J.
Randy Jay Placenica appeals the judgment of conviction following a plea of no contest to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and vandalism (§ 584, subd. (b)(1) in case number 1291008. The trial court sentenced appellant to four years eight months state prison.
All statutory references are to the Penal Code.
Appellant also appeals an order revoking probation and sentencing him to state prison in case number 1215894 based on his prior conviction by plea to assault with a deadly weapon. (§ 245, subd. (a)(1).) The court imposed a one year prison sentence, to run consecutive to the four year eight month sentence in case number 1291008, and ordered appellant to pay $200 restitution fines in each case (§§ 1202.4, subd. (b); 1202.45).
We appointed counsel to represent appellant in this appeal. After counsel’s examination of the record, he filed an opening brief in which no issues were raised.
On July 7, 2009, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response from appellant.
After appellant was sentenced to state prison, appellant filed a certificate of probable cause statement alleging, among other things, that trial counsel did not communicate with him or file motions, that the evidence against him was conflicting, and that the plea was coerced.
These contentions are not supported by the record. (See e.g., People v. Kelly (2006) 40 Cal.4th 106, 126.) Nor does the record support appellant's claim that he was denied effective assistance of counsel. (Strickland v. Washington (1984) 466 U.S. 668, 687 [80 L.Ed.2d 674, 693; People v. Bolin (1998) 18 Cal.4th 297, 333.)
The preliminary hearing transcripts and probation reports, which were considered by the trial court at the change of plea and sentencing hearings, state that both cases involve road rage offenses. In case number 1215894, appellant claimed that a delivery truck cut him off. During the altercation, appellant swung a large pole at the truck driver. Appellant had a marijuana bong in his possession, claimed to have a medical marijuana card, and refused to provide the investigating officer a urine sample. In case number 1291008, appellant chased a motorist off Highway 101, threatened to kill the victim, punched the victim's car, and ripped the windshield wipers off the car. As the motorist attempted to flee, appellant rammed his truck into the back of the victim's vehicle. Officers responding to the 911 call found 32.9 grams of marijuana in appellant's truck.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441; People v. Kelly, supra, 40 Cal.4th at p. 126.)
The judgment is affirmed.
We concur: COFFEE, J., PERREN, J.