Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. LA053678
THE COURT:Frederick Villela (appellant), also known as Rick Ledet, Michael Hernandez, and Michael Anthony Vasavez, appeals from the judgment entered upon his negotiated plea of no contest to assault by means of force likely to produce great bodily injury and with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and to committing misdemeanor indecent exposure (§ 314, subd. 1).
All further statutory references are to the Penal Code unless otherwise indicated.
We appointed counsel to represent him on this appeal.
After examination of the record, counsel filed an “Opening Brief” in which no issues were raised. On August 31, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.
Appellant’s section 995 motion summarized the facts underlying his plea. Antonio B., age 68, the maintenance man and a resident at the apartments located at 7101 Alabama Avenue, saw appellant lying on the grass in front of the apartment building looking at magazines and drinking from a bottle. Appellant was covering himself, but it was apparent that appellant’s pants were open and appellant appeared to be touching his penis. Antonio B. asked appellant to leave. Appellant appeared to be under the influence as when he spoke, his speech was slurred. Appellant struck Antonio B. on the forehead. That caused Antonio B. to become dizzy, and he fell to the ground. Appellant then kicked Antonio B. in the back. Antonio B. went to the hospital and received five stitches to a cut above his eye. The cartilage in his nose was broken. Another resident reported seeing appellant apparently fondling his penis outside the apartment building before appellant hit Antonio B.
During the proceedings, appellant was represented by counsel. The prosecution offered appellant a plea agreement in which appellant would plead guilty to two of three charges in the information, in exchange for the promise of lower term of two years in state prison and a further six-month jail term. Appellant would also be required to register as a sex offender. Appellant agreed. The trial court advised appellant of the requisite constitutional rights, which appellant waived, and appellant entered no contest pleas. Counsel stipulated that there was a factual basis for the pleas, and the trial court accepted the pleas and found them to be voluntary, knowingly, and intelligent.
After the pleas, as agreed, the trial court sentenced appellant to a two-year term in state prison and six months in the county jail, to be served in any penal institution. The matter was set over for a hearing on direct restitution, and the trial court ordered the dismissal of the remaining count and the further section 1203 allegation.
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.