Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Santa Clara County Super. Ct. No. CC632875
Mihara, J.
On June 9, 2006, defendant Joe Anthony Silva and his compatriot attacked and robbed a man in downtown San Jose. The compatriot stabbed the man, and defendant kicked the man in the head. The man died from a knife wound to his neck.
Defendant was charged by amended information with murder (Pen. Code, § 187) and robbery (Pen. Code, §§ 211, 212.5, subd. (c)). It was further alleged that he had suffered a prior serious felony and strike conviction (Pen. Code, §§ 667, subds. (a), (b) (i), 1170.12).
After a second amended information was filed adding a count of voluntary manslaughter (Pen. Code, § 192, subd. (a)), defendant entered into a plea agreement under which he pleaded no contest to the robbery count, and guilty to the voluntary manslaughter count, and admitted the prior conviction allegations in exchange for an agreed term of 27 years in prison and dismissal of the murder count. The plea agreement precluded defendant from asking the court to strike the strike prior. The agreed term was imposed. After we granted his motion for relief from default, defendant filed a notice of appeal challenging only his sentence.
Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
WE CONCUR, Bamattre-Manoukian, Acting P. J, Duffy, J.