Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County No. BF122037A, Jerold L. Turner, Judge.
Tara Hoveland, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
THE COURT
At about 6: 00 a.m. on April 6, 2007, Rex Williams went to the Globe Motel with appellant, Manuel Zubiate, Jr., where he met a woman named Christi Collins. After arriving at the motel, Williams went to an ATM to get money to give Collins $20 for oral sex. When he returned, Zubiate told him Collins wanted him to take a shower to freshen up. As Williams was showering, Zubiate entered the bathroom and struck Williams several times with a roofer’s hatchet. Williams was struggling with Zubiate when someone struck Williams in the mouth with a hammer, breaking his dentures. Eventually Zubiate and Collins’s son told Williams to empty his pockets. Williams tossed his keys, wallet, and $40 on the floor. After Williams was told to get out of the room, he picked up his keys, went outside, and got in his car. Williams followed Collins and her son in his car when they left the motel walking and yelled at them to return his wallet. Collins and her son thumbed through Williams’s wallet and her son then threw it in Williams’s car through an open window. Williams suffered a concussion, bled profusely from his head, and was hospitalized for three weeks as a result of the assault.
On April 2, 2008, the prosecutor filed an information charging Zubiate with first degree robbery (count 1/Pen. Code, § 212.5, subd. (a)) and assault with a deadly weapon (count 2/Pen. Code, § 245, subd. (a)(1)). Each count also alleged a great bodily injury enhancement (Pen. Code, § 12022.7, subd. (a)) and two prior prison term enhancements (Pen. Code, § 667.5, subd. (b)).
On July 18, 2008, Zubiate pled no contest to first degree robbery in exchange for the dismissal of the remaining count and enhancements and a three-year term, which would run concurrent to a term Zubiate was serving in case No. BF-106630A.
On October 21, 2008, the court sentenced Zubiate to the stipulated three-year term as per his plea agreement.
Zubiate’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Zubiate has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.