P. v. Gimbel
Filed 1/22/09 P. v. Gimbel CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX
THE PEOPLE, Plaintiff and Respondent, v. WILLIAM THOMAS GIMBEL, Defendant and Appellant. | 2d Crim. No. B207587 (Super. Ct. No. F410002) (San Luis Obispo County) |
William Thomas Gimbel appeals from the judgment entered following his no contest plea to kidnapping (Pen. Code, 207, subd. (a))[1]and his admission to a prior serious felony strike, witness intimidation. ( 136.1, subd. (c)(1), 667, subds. (b) (i), 1192.7.) The trial court sentenced appellant to six years in state prison. We affirm.
We appointed counsel to represent appellant on appeal. After examining the record, counsel filed an opening brief in this court raising no issues and requested that we independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436. On August 6, 2008, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. Appellant did not respond. We find no arguable issues and we affirm.
On the evening of October 26, 2007, M. W. came home and found appellant, her boyfriend, in her house. Appellant shoved M. W.s face into the bed, said he was going to kill her and forced her out of the house and into his truck. A neighbor heard her screams and pulled her from the truck. M. W. suffered bruises on her arms and face and pain in her scalp.
Appellant was charged with kidnapping ( 207, subd. (a)), assault by means likely to produce great bodily injury ( 245, subd. (a)(1)), false imprisonment by violence ( 236), battery ( 243, subd. (e)(1)) and trespass ( 602.5, subd. (a).) It was alleged that appellant was previously convicted of felony witness intimidation ( 136.1, subd. (c)(1)), felony burglary ( 459) and felony possession of a controlled substance (Health & Saf. Code, 11377, subd. (a)) for which he had served prison terms and did not remain free of custody for five years. ( 667, 667.5, subd. (b).)
After the preliminary hearing, appellant entered not guilty pleas and denied the prior strikes. On January 16, 2008, he moved to relieve the public defender pursuant to People v. Marsden (1970) 2 Cal.3d 118). The trial court conducted an in camera hearing and denied the motion. The court granted appellants request for a continuance to retain private counsel.
Appellant did not retain private counsel. On February 8, 2008, pursuant to plea bargain, he pled no contest to the kidnapping count and admitted one prior felony conviction in exchange for dismissal of the remaining counts and priors and an agreed upon prison term of six years consisting of the low term for kidnapping doubled for the single strike. When appellant entered his plea, his counsel expressed his desire to reserve the right to challenge his prior conviction as a strike, but appellant did not challenge the prior conviction in the trial court or move to have it stricken. The court sentenced appellant to six years in state prison.
The trial court denied appellants request for a certificate of probable cause to challenge the validity of his admission to the prior strike on the grounds that he had no notice of it and that it should have been stricken pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. Appellant filed a notice of appeal challenging the validity of his prior strike.
We have examined the entire record. We are satisfied that appellant's counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
COFFEE, J.
We concur:
GILBERT, P.J.
YEGAN, J.
Jac A. Crawford, Judge
Superior Court County of San Luis Obispo
______________________________
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.
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[1] All statutory references are to Penal Code unless otherwise stated.
