Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County Nos. SCD208199 & SCD21150, Jeffrey F. Fraser, Judge.
NARES, J.
In a combined plea agreement, Bacilio Ivayub Sanchez pled guilty to one count of assault resulting in great bodily injury (Pen. Code, §§ 245, subd. (a)(1) & 12022.7, subd. (a)) and one count of robbery (§ 211) in superior court case No. SCD208199. In superior court case No. SCD211501 Sanchez pled guilty to one count of making a criminal threat (§ 422). Under the plea agreement, the prosecution dismissed the remaining charges, including numerous felonies, in both cases. Further, the parties stipulated to (1) a six-year eight-month prison sentence, and (2) a stay of the execution of the sentence and probation for Sanchez, who had a minor criminal history.
Statutory references are to the Penal Code.
The trial court sentenced Sanchez to a six-year eight-month sentence, but stayed execution of the sentence and placed Sanchez on formal probation for three years. The grant of probation was conditioned on, among other things, Sanchez abstaining from alcohol and not contacting his two victims.
The day following Sanchez's release from custody, he was arrested for violating the terms of his probation. Subsequently, the court revoked Sanchez's probation and imposed the prison sentence of six years eight months.
On January 14, 2009, this court granted Sanchez's unopposed motion to consolidate appeals D053316 and D053317.
FACTS
On August 4, 2007, Sanchez repeatedly kicked and punched William Vanderlinden, who was sitting on grassy knoll near a supermarket. Sanchez and Vanderlinden, who is homeless, knew each other for three years. According to Vanderlinden, they were "good buddies." After the attack, Sanchez took Vanderlinden's radio and rode away on his bicycle.
Later in the day, Timothy Himes, who works for a company that provides security guards for shopping centers, encountered Sanchez behind a Kragen's Auto Parts store, where Sanchez was resting. In the past, Himes had told Sanchez to stop loitering at various shopping centers, which angered Sanchez. On August 4 Himes, while training a new security guard, photographed something behind the auto parts store. Upon seeing Himes, Sanchez said: "Fuck you. Get out of here. You don't need to be here." Sanchez stood up and walked toward Himes as he continued to swear. Sanchez round-house kicked Himes in the face, which caused Himes to stagger back. Sanchez backed Himes into a corner and mentioned the camera; Himes placed the camera on an adjoining wall. Sanchez took the camera and left. Himes's injuries included a broken nose.
On January 28, 2008, eight hours after Sanchez posted bail and was released from jail, he approached Vanderlinden who was sitting outside a McDonald's restaurant on Balboa Avenue in Clairemont. Sanchez told Vanderlinden: "You have ruined it for me and my kids. You better get out of Clairemont. Last time I hurt you but this time I will kill you." As Vanderlinden called 911, Sanchez took Vanderlinden's radio and left. A short time later, Sanchez returned and told Vanderlinden: "You are not staying in Clairemont one more day." Sanchez punched Vanderlinden in the face, rummaged through his backpack and took a few pairs of underwear.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court 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 there was sufficient evidence to find Sanchez violated the terms of his probation; and (2) whether the trial court abused its discretion by imposing a state prison sentence rather than reinstating Sanchez on probation.
We granted Sanchez 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 issue. Competent counsel has represented Sanchez on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HUFFMAN, Acting P. J. O'ROURKE, J.