P. v. Adem

Filed 9/19/06 P. v. Adem CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

APPEAL from a judgment of the Superior Court of San Diego County, Harry M. Elias, Judge. Affirmed.

A jury convicted Ibrahim S. Adem of two counts of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) As to both counts, the jury found that Adem personally used a deadly weapon, an automobile. (Pen. Code, § 1192.7, subd. (c)(23).) The court sentenced Adem to prison for the three-year middle term on one count with a concurrent term on the second count.

FACTS

On October 21, 2004, Maria Ramirez was driving with her son in Vista when a vehicle driven by Adem repeatedly bumped into the rear of her van. At one point Adem pulled up next to Ramirez's vehicle, held his fingers and thumb like a gun, and "pointed it" at Ramirez and her son. He then sideswiped their van. Adem later ran into the side of the van when Ramirez tried to turn. Adem presented no witnesses.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the trial court erred in failing to provide the jury with a verdict form for simple assault as a lesser included offense; (2) whether Adem was competent to stand trial; (3) whether the trial court abused its discretion in not placing Adem on probation; and (4) whether the trial court erred in failing to appoint an interpreter for Adem.

We granted Adem permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Adem on this appeal.

DISPOSITION

The judgment is affirmed.

AARON, J.

WE CONCUR:

McINTYRE, Acting P. J.

IRION, J.

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