HUFFMAN
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from a judgment of the Superior Court of San Diego County, Michael T. Smyth, Judge. Affirmed.
Alex Molitor entered a guilty plea to one count of assault with a deadly weapon and admitted personal use of a deadly weapon (Pen. Code, §§ 245, subd. (a)(1); 1192.7, subd. (c)(23)). Pursuant to a plea agreement the remaining count was dismissed and the prosecution agreed to a three year "lid" on any prison sentence.
All further statutory references are to the Penal Code unless otherwise specified.
The trial court denied Molitor's request for probation and sentenced him to the middle term of three years for assault with a deadly weapon. Molitor filed a timely notice of appeal and obtained a certificate of probable cause. (§ 1237.5)
Counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) raising possible, but not arguable issues. We offered Molitor the opportunity to file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
Molitor's plea admitted that he assaulted another person with a deadly weapon in the form of his car. The assault conviction arises from an incident on November 30, 2010, in which Molitor forced his way into the home of the Nguyen family. Molitor pushed his way past the family's 13-year-old son Alan and shortly after that encountered the father, Dung Nguyen. Molitor and the father got into a fight during which Molitor picked up a clothes iron but did not strike Nguyen with it. When Nguyen said he was going to call police Molitor fled from the house. Alan followed Molitor out of the house and observed him get into a car. While Alan attempted to see the vehicle's license plate, Molitor drove straight at him and the boy had to jump out of the way to avoid being struck by the car.
DISCUSSION
As we have previously noted, appellate counsel has filed a brief indicating that she is unable to identify any argument for reversal and asks that this court review the record for error as mandated by Wende, supra, 25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, the brief identifies the possible, but not arguable issues:
1. Whether the court abused its discretion by denying Molitor's request for probation;
2. Whether the trial court abused its discretion in selecting the middle term of imprisonment instead of the low term;
3. Whether the trial court abused its discretion by failing to impose a jail sentence which would have been consistent with an earlier offer made to him prior to the current plea agreement; and
4. Whether Molitor received effective assistance of counsel in his plea negotiations.
We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, 386 U.S. 738, and have not found any reasonably arguable appellate issues. Competent counsel has represented Molitor on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
NARES, J.
IRION, J.