Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCS223764, Esteban Hernandez, Judge.
BENKE, Acting P. J.
Antonio Rocher entered a negotiated guilty plea to mayhem (Pen. Code, § 203) and admitted he had a prior serious felony conviction (§ 667, subd. (a)(1)) and a prior serious/violent felony or strike conviction (§ 667, subds. (b)-(i)). In exchange, the prosecution agreed to dismiss the remaining charges of torture and assault with a deadly weapon and allegations he inflicted great bodily injury and personally used a knife. The plea bargain also called for a stipulated prison sentence of nine years. The trial court sentenced Rocher to nine years in prison—the low term of two years doubled under the Three Strikes law plus a five-year enhancement for the prior serious felony conviction.
Statutory references are to the Penal Code.
FACTS
On the night of October 16, 2008, Javier Oceguera was standing in line at the Purple Cow Liquor Store waiting to purchase a cigar. Rocher entered the store and also stood in line; there was another individual between him and Oceguera. When Oceguera reached the front of the line and was being helped by the clerk at the counter, Rocher stepped out of line and approached Oceguera from behind, touching his lower back twice.
At the hospital, a CAT scan revealed that Oceguera had been stabbed, and, as a result, his spleen was bleeding. Oceguera underwent surgery in which his spleen was removed.
Several years prior to the incident, Oceguera had sold Rocher a home receiver radio for $100 and when it stopped working, Rocher asked for his money back. Oceguera refused. Since then the windows in Oceguera's vehicle were broken and his vehicle was spray painted. Rocher threatened Oceguera several times, and on one occasion they engaged in a fistfight. Rocher tried to run over Oceguera, his father and his girlfriend. On another occasion, Rocher's vehicle hit Oceguera's father.
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. Counsel has not referred us to any possible, but not arguable, issues under Anders v. California (1967) 386 U.S. 738.
We granted Rocher 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, has disclosed no reasonably arguable appellate issues. Rocher has been adequately represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HUFFMAN, J., O'ROURKE, J.