P. v. Liku

Filed 7/27/06 P. v. Liku CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H029593

Plaintiff and Respondent, (Santa Clara County

Superior Court

v. No. CC586858)

TADASSE EJIGU LIKU,

Defendant and Appellant.

_____________________________________/

Defendant was convicted of sexual battery (Pen. Code, § 243.4) and false imprisonment (Pen. Code, §§ 236, 237). The trial court placed him on probation on condition, among other things, that he serve nine months in county jail.

Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant has filed a letter brief in which he argues that he was mentally unstable when the offenses occurred. However, the record on appeal indicates that a psychologist was appointed to determine whether defendant's mental illness had any bearing either on his plea of defenses or his ability to assist counsel. After receiving the psychologist's report, trial counsel negotiated a plea agreement. There is nothing in the record to indicate that trial counsel rendered ineffective assistance.

Defendant also seeks a court order to access his medical records and to submit supplemental briefing. Since these records were not presented to the trial court, the request is denied.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

The judgment is affirmed.

_______________________________

Mihara, Acting P.J.

WE CONCUR:

_____________________________

McAdams, J.

_____________________________

Duffy, J.

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