Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County No. BF123161A. Jerold L. Turner, Judge.
Catherine Campbell, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Vartabedian, Acting P.J, Wiseman, J., and Kane, J.
Appellant William Von Adrain Robinson was charged by criminal complaint filed April 29, 2008, with three counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); counts 1-3) and one count of misdemeanor battery (Pen. Code, § 243, subd. (a); count 4). It was also alleged in the complaint that appellant had served three separate prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)).
All references to dates of events are to dates in 2008.
On July 3, appellant made, and the court heard and denied, a motion for substitute counsel (Marsden motion).
See People v. Marsden (1970) 2 Cal.3d 118.
On July 21, an information was filed, containing the same charges and allegations as the complaint.
On August 5, appellant filed a notice of a second Marsden motion, with supporting declaration and memorandum of points and authorities. On August 12, the court heard and denied the motion.
On September 5, pursuant to a plea agreement, appellant pled no contest to one of the assault counts (count 3) and the court dismissed the remaining charges and allegations. One of the terms of the plea agreement was that the court would impose a prison term of two years.
On September 11, the court imposed the two-year lower term on the instant offense.
On September 16, appellant filed a timely notice of appeal. On September 24, he filed a request for a certificate of probable cause (Pen. Code, § 1237.5). On September 26, the court granted that request. Appellant filed an amended notice of appeal of October 7.
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing. We will affirm.
Appellant was charged in count 3 with assault with deadly weapon, viz. a gun, against Sabrina Morgan. At the preliminary hearing, Morgan testified that on April 26, at her mother’s home, appellant struck her in the mouth with a closed fist and then pointed a gun at her for “[a] couple of seconds,” before he “put [the gun] back in his duffel bag.”
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
The judgment is affirmed.