People v. Ratkevich CA4/1

Filed 3/17/23 P. v. Ratkevich CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080255

Plaintiff and Respondent,

v. (Super. Ct. No. SCD284858)

VINCENZO RATKEVICH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Steven E. Stone, Judge. Affirmed. Andrea S. Bitar, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Vincenzo Ratkevich was convicted in a jury trial of assault with force

likely to cause great bodily injury (Pen. Code,1 § 245, subd. (a)(4)). The jury also found Ratkevich personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). The court granted Ratkevich probation for three years

1 All further statutory references are to the Penal Code.

subject to various conditions including 180 days in local custody with one day custody credit. Ratkevich filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Ratkevich the opportunity to file his own brief, but he has not responded. STATEMENT OF FACT Appellate counsel has provided a summary of the facts of the offense which give an adequate background for the possible issues in this appeal. We will adopt appellant’s summary of the facts for convenience. “1. PROSECUTION CASE “In the evening of November 13, 2019, [D.] Thomas and a friend named [D.] Terrance went to Dave & Buster’s to meet some coworkers. “Thomas, an acquaintance of [Ratkevich], had dated a woman named [A.] Elliott in approximately 2018. Terrance was also acquainted with both [Ratkevich] and Elliott. Thomas was employed as a door host or bouncer at Pacer’s Gentleman’s Club, and had experience breaking up fights. “Terrance received a text message from Elliott that she and [Ratkevich] were coming to the bar, and that he and Thomas should come; Terrance