People v. Garcia CA4/3

Filed 6/9/16 P. v. Garcia CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G052531

v. (Super. Ct. No. 14CF0026)

JOHNNY GARCIA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Jason L. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

Defendant Johnny Garcia was convicted of 14 criminal charges. He was sentenced to a total of 18 years eight months in prison. We appointed counsel to represent defendant on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), setting forth the facts of the case, raising no issues, and requesting that we independently review the entire record. We provided defendant 30 days to file written argument on his own behalf; that time has passed and no supplemental brief has been filed. We have examined the entire record and appointed appellate counsel’s Wende/Anders brief; we find no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

BACKGROUND On October 8, 2013, Elaine Aguero, defendant’s girlfriend, went to the emergency room with a broken nose and facial lacerations. She initially told a nurse that she had been attacked by one Hispanic girl. When questioned by a police officer, Aguero stated defendant had punched her in the nose during an argument. At trial, Aguero reverted to the first story about being attacked by a girl, and claimed she had told the police officer the other story to avoid being arrested herself and to get back at defendant, with whom she was angry. On December 23, 2013, Aguero was in the passenger seat of a friend’s car, when the friend began to argue with the driver of a minivan parked nearby. The driver of the minivan drove into the driver’s side door of the car, then struck a wall. Aguero told the responding police officer that defendant was the driver of the minivan; at trial, she claimed she was not able to identify the driver. (The minivan had been stolen 12 days before this incident.)