Opinion
NOT TO BE PUBLISHED
Sonoma County Super. Ct. No. SCR535857
Siggins, J.
Reid William Rogers appeals following his no contest plea to assault with a deadly weapon, assault by means of force likely to produce great bodily injury, robbery, kidnapping, forcible oral copulation, intimidation of a witness, attempted sodomy, an on-bail enhancement, and a great bodily injury enhancement. Counsel has briefed no issues and asks for our review of the record of the proceedings. (People v. Wende (1979) 25 Cal.3d 436.) Rogers has not filed a supplemental brief. We have reviewed the record and affirm.
DISCUSSION
According to the probation report, Rogers was one of a group of young men who approached two male victims in a public park late at night. The group demanded, and took, the victims’ money and other property. A codefendant took one victim to an automated teller machine where he was forced to withdraw cash that was later distributed among the group of perpetrators. Both victims were beaten with brass knuckles, and one of them suffered multiple serious bruises, lacerations, and contusions to his face and body. The victims were forced to walk to the back of the park when their assailants brandished knives and threatened to kill and bury them in the park if they failed to cooperate. The victims were forced to orally copulate each other, and the group attempted to force one victim to sodomize the other. The group then struck both victims several more times and threatened to kill them if they reported the crime to the police.
A consolidated complaint charged Rogers and four codefendants with a number of offenses stemming from the attacks. Rogers was charged with two counts of assault with a deadly weapon (brass knuckles), assault by means of force likely to produce great bodily injury, two counts of robbery, kidnapping, two counts of forcible oral copulation, two counts of intimidation of a witness, attempted sodomy, an on-bail enhancement as to all counts, and a great bodily injury enhancement as to the second count of assault with a deadly weapon.
On the fourth day of the preliminary hearing, pursuant to a negotiated plea, Rogers waived his constitutional rights and entered a no contest plea to all charges, with a maximum sentence of 42 years in state prison. The court sentenced Rogers to 23 years and eight months in state prison.
Roger’s prison sentence consisted of the low term of three years for kidnapping, a consecutive one year for the first count of assault with a deadly weapon, a concurrent two-year low term for assault by means of force likely to produce great bodily injury, a consecutive one year for the second count of assault with a deadly weapon, a consecutive one year for the great bodily injury enhancement to the second count of assault with a deadly weapon, a consecutive one year for each of the two counts of robbery, a consecutive three-year low term for each of two counts of forcible oral copulation, a consecutive three-year midterm for each of two counts of intimidation of a witness, a consecutive one year for attempted sodomy, a consecutive two years for the on-bail enhancement as the first count of assault with a deadly weapon, and a consecutive eight months for unlawful driving or taking of a vehicle in an earlier unrelated case.
Rogers was also ordered to pay $8,056.92 in victim restitution (jointly and severally with his codefendants), restitution fines of $2,000 in this case and $200 in the earlier case, a suspended restitution fee, and a $20 court security fee in each of the cases. Rogers was ordered to register as a sex offender and provide DNA samples. He was awarded 331 days of custody credits, 325 days in this case and 6 days in the earlier case. Rogers timely appealed.
Rogers was represented by counsel at all stages of the proceedings, and was advised of his rights and the consequences of his plea. There was no error in the sentence imposed. Appellate counsel advised Rogers of his right to file a supplemental brief in this court within 30 days of counsel’s opening brief, but no supplemental brief has been filed. Full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
We concur: Pollak, Acting P.J., Jenkins, J.