Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCS219283, Esteban Hernandez, Judge.
IRION, J.
Luis Ramirez entered a negotiated guilty plea to assault with a deadly weapon with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)) and admitted he personally used a deadly weapon (§ 1192.7, subd. (c)(8) & (23). Ramirez also admitted he had a prior serious/felony or strike conviction (§ 667, subds. (b)-(i)) and had previously served a prison term (§ 667.5, subd. (b)). As part of the plea bargain, the prosecution dismissed a mayhem count, a battery with serious injury count, a burglary count and various allegations. The parties stipulated to a nine-year prison term. The trial court sentenced Ramirez in accordance with the plea bargain.
Statutory references are to the Penal Code.
Ramirez's request for a certificate of probable cause was denied.
FACTS
On January 2, 2008, at about 4:30 a.m., Aigaolaeseese Savaiinaea observed Ramirez in his girlfriend's parked truck and confronted him. Ramirez hit Savaiinaea with a metal object, which caused a deep laceration to Savaiinaea's upper lip. The driver's side door locking mechanism to the truck was destroyed, the steering column was damaged and the ignition was punched. Ramirez's finger print was found on the driver's side door.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether Ramirez's guilty plea was constitutionally valid; and (2) whether Ramirez was properly advised that he would receive a nine-year prison sentence under the plea bargain.
We granted Ramirez permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Ramirez has been adequately represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McCONNELL, P. J., O'ROURKE, J.