Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County. No. BF117542A Sidney P. Chapin, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
OPINION
Before Levy, Acting P.J., Gomes, J., and Kane, J.
Pursuant to a plea agreement, appellant Kenneth Wright pled no contest to rape by means of force (Pen. Code, § 261, subd. (a)(2)) and admitted that he had served five separate prior prison terms for prior felony convictions within the meaning of Penal Code section 667.5, subdivision (b)). The court imposed a prison sentence of five years, consisting of the three-year lower term on the substantive offense and one year on each of two prior prison term enhancements. The court dismissed the remaining three prior prison term enhancements.
Appellant filed a timely notice of appeal, in which he requested a certificate of probable cause (Pen. Code, § 1237.5). The court denied the request.
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
FACTUAL AND PROCEDURAL BACKGROUND
Our factual summary is taken from the report of the probation officer, which is in turn based on a Bakersfield Police Department report.
On January 8, 2007, a City of Bakersfield police officer made contact with a woman (the victim), who told him the following. She went with appellant to a residence that appellant told her was his. Once inside, appellant smoked some rock cocaine and then asked the victim if she wanted to have sex. She declined and began walking toward the front door, at which point appellant grabbed her purse with enough force to break the strap, slapped her on the face and told her to sit down on a blanket on the floor. Appellant then told the victim that he was going to have sex with her, forcibly removed her pants and underpants and, while she pleaded with him to stop, penetrated her vagina with his penis. Thereafter, appellant went into the bathroom, at which point the victim tried to leave. Appellant became angry, but the victim “managed to deescalate [appellant],” got dressed and persuaded appellant to allow her to leave.
All references to dates of events are to dates in 2007.
Procedural Background
On May 1, appellant, pursuant to People v. Marsden (1970) 2 Cal.3d 118, moved for an order appointing substitute counsel. The court denied the motion. Also on May 1, appellant, represented by attorney Roger Lampkin, entered his plea and admissions.
On May 30, appellant appeared in court with attorney Lampkin. The minute order of that proceeding indicates “DEFENDANT WISHES TO WITHDRAW HIS PLEA,” and the court “REFERRED [appellant] TO INDIGENT DEFENSE PROGRAM FOR APPOINTMENT OF COUNSEL” and set a hearing for June 11. On that date, with appellant present in court, the court appointed attorney Brian McNamara to represent appellant. On June 25, appellant, represented by McNamara, filed a notice of motion to withdraw appellant’s plea and a supporting memorandum of points and authorities. On July 18, following a contested hearing at which McNamara represented appellant, the court denied the motion and relieved McNamara as appellant’s attorney.
The court imposed sentence on August 22, at which time appellant was again represented by attorney Lampkin.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.