P. v. Johnston

Filed 5/16/06  P. v. Johnston CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of Riverside County.  Janice M. McIntyre, Judge.  Affirmed.

            Jamie L. Popper, under appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for Plaintiff and Respondent.

            On October 7, 2005, defendant, represented by counsel, pleaded guilty to one count of inflicting corporal injury (Pen. Code, § 273.5, subd. (a)) and one count of assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)).  He also admitted that he had personally used a firearm (§  12022.5, subd. (a)(1) in the commission of the aggravated assault.  In return, the remaining six allegations and firearm enhancement allegations were dismissed, and defendant was promised a total term of 12 years in state prison.  

            Thereafter, and in accordance with the negotiated disposition, defendant was sentenced to state prison for 12 years, less custody credits, and the remaining counts were dismissed on motion of the district attorney.

            Defendant appealed, and upon his request this court appointed counsel to represent him.  Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

            We offered the defendant an opportunity to file a personal supplemental brief, which he has done.  His supplemental brief, filed May 5, 2006, has been read and considered.

            We have now concluded our independent review of the record and find no arguable issues.

            The judgment is affirmed.

            NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RICHLI         

                        J.

We concur:

HOLLENHORST              

    Acting P.J.

McKINSTER

                   J.

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