Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Los Angeles County Super. Ct. No. VA096922
THE COURT:Florencio A. Valencia (appellant) appeals from the judgment entered following a jury trial that resulted in his conviction of mayhem in violation of Penal Code section 208 (count 1) and assault by means likely to produce great bodily injury in violation of section 245, subdivision (a)(1) (count 2). The jury found true the allegation that appellant personally inflicted great bodily injury. (§ 12022.7, subd. (a).) On August 14, 2006, appellant sat next to Dennis Rodriguez at the Bicycle Club Sports Bar Casino in Bell Gardens. The two men did not know each other, but after appellant told Rodriguez that he had lost all his money, Rodriguez bought him a beer. A witness testified that he saw appellant punch Rodriguez in the eye after the two men stood up from their chairs. A video surveillance tape of the episode was played to the jury, which showed appellant pulling away from Rodriguez as Rodriguez stood up and put his arm around appellant’s shoulder. The videotape then showed appellant punching Rodriguez in the eye. Rodriguez lost his sight in that eye.
All further statutory references are to the Penal Code unless otherwise indicated.
Appellant was sentenced to a total of 13 years in state prison. The trial court imposed the midterm of four years on count 1, which was doubled to eight years under three strikes, plus five years pursuant to the section 667, subdivision (a)(1) enhancement. As to Count 2, the trial court imposed nine years, which stayed under section 654. As to appellant’s conviction for assault (§ 245, subd. (a)(1)) in case number VA097282, the trial court imposed two years of midterm to run concurrent to the sentence imposed in the instant case. As to appellant’s conviction for making criminal threats (§ 422) in case number VA084175, the trial court revoked probation and sentenced appellant to the midterm of two years concurrent to the instant case. Appellant was also ordered to pay a $5,200 restitution fine pursuant to section 1202.4, subdivision (b) and a suspended parole revocation fine in the same amount pursuant to section 1202.45.
We appointed counsel to represent him on this appeal.
After examination of the record, counsel filed a “Statement by Counsel on Appeal Pursuant to People v. Wende”in which no issues were raised.
On October 31, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. Appellant submitted a response on November 7, 2007, alleging that the evidence was insufficient to support his convictions for mayhem and assault because he was acting in self-defense. Our review of the record, however, shows that sufficient evidence, including witness testimony and videotape evidence, supported the jury’s findings. (People v. Holt (1997) 15 Cal.4th 619, 667 [“the test of whether evidence is sufficient to support a conviction is ‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt’”].)
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.