People v. Robles CA2/8

Filed 6/26/15 P. v. Robles CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B260049

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA079861) v.

ROBERT ROGER ROBLES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lloyd M. Nash, Judge. Affirmed.

William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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In accord with a negotiated plea agreement, defendant and appellant Robert Roger Robles pleaded no contest to one count of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)),1 and the trial court sentenced him to state prison for the low term of two years. Robles filed a timely appeal and we appointed counsel to represent him on appeal. Appointed counsel on appeal filed an opening brief pursuant to the procedures approved in People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm the judgment. FACTS2 On February 11, 2014, Thomas Murphy was with Terri Feinstein when he saw Robles at their location. Murphy told Robles that he was not allowed on the property, and a verbal argument ensued. Feinstein and Robles were involved in prior domestic violence incidents, and there was an existing restraining order issued against Robles. Feinstein and Murphy drove away in Feinstein’s vehicle. Robles ran after the vehicle. When the vehicle stopped at a stop sign, Robles caught up to the vehicle and, while holding a metal object in his hand, punched Murphy in the face through the open passenger side window. Murphy bled profusely from his head, onto his clothing and the vehicle. Later the same day, Murphy filed a battery report against Robles at the Los Angeles Police Department Mission Station. Murphy did not seek medical attention, but, as of June 2014, he had a scar on his forehead and continued to experience headaches and had trouble sleeping. The People filed a complaint for an arrest warrant charging Robles with assault with a deadly weapon, a metal object (count 1; § 245, subd. (a)(1)) and misdemeanor disobeying a court order (count 2; § 166, subd. (a)(4)). It was further alleged as to count 1 that Robles had two prior drug-related convictions and served prison terms. (§ 667.5, subdivision (b).)