Opinion
D073655
10-12-2018
THE PEOPLE, Plaintiff and Respondent, v. ABDIWELLE YOUSUF, Defendant and Appellant.
Pauline E. Villanueva, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. SCD272989) APPEAL from a judgment of the Superior Court of San Diego County, David M. Rubin, Judge. Affirmed. Pauline E. Villanueva, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Abdiwelle Yousuf was convicted in a court trial of one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The court also made a finding that Yousuf personally used a deadly weapon. (§ 1192.7, subd. (c)(23).) The court sentenced Yousuf to a three-year prison term, but suspended the execution of the sentence and granted Yousuf probation on various terms and conditions.
All further statutory references are to the Penal Code unless otherwise specified.
Yousuf filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating she has been unable to identify any arguable issue for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Yousuf the opportunity to file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
On July 30, 2017, a witness (D.L.) observed an argument between Yousuf and a woman known to D.L. as "Caitlyn." D.L. was familiar with both Yousuf and Caitlyn. D.L. heard Yousuf yell, "Bitch, I'll kill you, I'll stab you if you come near my property."
D.L. saw Yousuf hit the woman in the face with the butt of a knife. The woman fell to the ground, but got up and ran toward D.L. for help. He observed she was bleeding. Police were called at the woman's request. Yousuf threw the knife down and sat in the bushes nearby.
San Diego Police officers arrived and arrested Yousuf. Police observed Yousuf had a cut on his hand and the woman (victim) was bleeding from the face.
The victim did not appear at the preliminary hearing or at trial. The assault was described by D.L. and the victim's condition was described by the police officer. --------
DISCUSSION
As we have noted, appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436 and has asked this court to review the record for error. In order to assist the court in its review of the record, in accordance with Anders v. California (1967) 386 U.S. 738 (Anders), appellate counsel has identified the following possible, but not arguable issues:
1. Whether there is sufficient evidence to support the conviction;
2. Whether Yousuf was denied his right to confrontation when the victim failed to appear at trial; and
3. Whether the court erred in imposing an electronic search condition and whether that issue is cognizable because there was no objection in the trial court.
We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738. We have not discovered any arguable issue for reversal on appeal. Competent counsel has represented Yousuf on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J. WE CONCUR: NARES, J. HALLER, J.