P. v. Green
Filed 4/13/07 P. v. Green CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. CEDRIC E. GREEN, Defendant and Appellant. | D049488 (Super. Ct. Nos. SCD197676, SCD197928, SCD198465, SCD198875) |
APPEAL from a judgment of the Superior Court of San Diego County, Frederick Maguire, Judge. Affirmed.
In Superior Court of San Diego County case No. SCD197676,[1]Cedric E. Green entered a negotiated guilty plea to robbery on public transportation (first degree robbery). (Pen. Code, 211/212.5)[2]In SCD197928, he entered a negotiated guilty plea to second degree robbery. ( 211.) In SCD198465, he entered a negotiated guilty plea to attempted murder ( 664/187) and admitted personal use of a deadly weapon ( 12022, subd. (b)(1)) and inflicting great bodily injury. ( 12022.7.) In SCD198875, he entered negotiated guilty pleas to battery on a law enforcement officer causing injury ( 243, subd. (c)) and resisting an executive officer ( 69).
The court sentenced Green to prison for a stipulated term of 16 years, eight months: the nine-year upper term for attempted murder, enhanced one year for deadly weapon use, and three years for inflicting great bodily injury, with consecutive terms of 16 months for robbery on public transportation, one year for robbery, eight months for battery on a law enforcement officer causing injury, and eight months for resisting an executive officer (one-third the middle terms). The court issued a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b).)
FACTS
In SCD197676, on March 3, 2006, Green grabbed a woman's purse on the trolley. After a struggle, he took the purse, left the trolley, and ran. In SCD197928, on March 10, 2006, Green punched a woman in the mouth and took her wallet on Date Street. In SCD198465, on March 11, 2006, a 17-year-old runaway met Green at 5th and C Streets in downtown San Diego. The victim accompanied Green to his home in Chula Vista where she fell asleep on the couch. When she awoke, Green was standing over her and wanted to "have sex." She told him that she did not want to have sex with him and tried to leave. Green grabbed her by the hair and punched her in the face. She pushed him and in response, he punched her repeatedly. He then grabbed a knife and cut her neck. The girl tried to escape but Green again grabbed her by the hair and stabbed her hand and arm with a screwdriver. The victim grabbed the screwdriver. Green then grabbed a scissors and stabbed the victim in the back and neck. During the attack, Green was speaking to someone on a cellular telephone, saying he was going to kill the girl.
In SCD198875, on March 11, 2006, while Deputy Cox was investigating an inmate assault in the central jail, Green lunged at Cox and punched him twice. Also in SCD198875, on March 20, 2006, Deputy McCracken was working in the central jail. While in the process of transferring Green to a detention facility, Green punched him in the face.
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 Green's guilty pleas were knowing, intelligent and voluntary; and (2) whether Green was denied effective assistance of trial counsel.
We granted Green 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 Green on this appeal.
DISPOSITION
The judgment is affirmed.
AARON, J.
WE CONCUR:
HALLER, Acting P. J.
IRION, J.
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[1] All lower court referenced case numbers are cases of the Superior Court of San Diego County.
[2] All statutory references are to the Penal Code.
