Filed 5/10/17 P. v. Gomez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent,

v.

JOSEPH JOHNATHON GOMEZ,

Defendant and Appellant.
D070855



(Super. Ct. No. SCN345499)

APPEAL from a judgment of the Superior Court of San Diego County, Carlos O. Armour, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Joseph Johnathon Gomez appeals from a judgment following his guilty plea to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and robbery (§ 211), along with his admission to a deadly weapon enhancement for both counts (§§ 12022, subd. (b)(1), 1192.7, subd. (c)(23)), a great bodily injury enhancement for the assault count (§§ 12022.7, subd. (a), 1192.7, subd. (c)(8)), a prior prison term (§§ 667.5. subd. (b), 668), prior serious felonies (§§ 667, subd. (a)(1), 668, 1192.7, subd. c)), two prior strikes (§§ 667, subds. (b)-(i), 1170.12, 668), and the allegation he was on parole for a serious or violent felony during the current offenses (§ 1203.085, subd. (b)). Appointed appellate counsel filed a brief presenting no argument for reversal, but inviting this court to review the record for error in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende). Gomez has not responded to our invitation to file a supplemental brief. After having independently reviewed the entire record for error as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
I.
FACTUAL AND PROCEDURAL BACKGROUND
On February 21, 2015, while a pharmacist at a Rite-Aid store was in the process of closing for the evening, Gomez entered the pharmacy through a partially closed roll-down door within the store. Brandishing a knife, Gomez demanded that the pharmacist give him specific medications and then began taking medication bottles off the shelf himself. While Gomez was gathering the bottles, the pharmacist fled into the main part of the store. Gomez exited the pharmacy into the store and stabbed the pharmacist in the shoulder with a knife. Gomez then ran out of the store with 20 to 30 bottles of hydrocodone. Police identified Gomez as the perpetrator based on DNA evidence found on a knife that Gomez left at the scene.
On August 20, 2015, an amended information charged Gomez with one count of assault with a deadly weapon (§ 245, subd. (a)(1)) and one count of robbery (§ 211). For both counts, the information also alleged that Gomez personally used a dangerous and deadly weapon during the offense (§§ 12022, subd. (b)(1), 1192.7, subd. (c)(23)), and for the assault count, the information alleged a great bodily injury enhancement (§§ 12022.7, subd. (a), 1192.7, subd. (c)(8)). In addition, it was alleged that Gomez incurred a prior prison term (§§ 667.5, subd. (b), 668), prior serious felonies (§§ 667, subd. (a)(1), 668, 1192.7, subd. (c)), and two prior strikes (§§ 667, subds. (b)-(i), 1170.12, 668), and that he was on parole for a serious or violent felony during the commission of the current offenses (§ 1203.085, subd. (b)).
On August 20, 2015, Gomez requested that a new attorney be appointed to represent him. The trial court held a Marsden hearing and denied the request.
On April 19, 2016, Gomez pled guilty to both counts and admitted all of the additional allegations, including the allegations regarding his prior convictions. As part of the plea agreement, it was stipulated that the trial court would consider a motion brought by Gomez to strike one of his prior strikes, and if the motion was granted the sentence would be a prison term of 17 years four months.
At sentencing, the trial court denied Gomez's motion to strike his prior strike. The trial court imposed a prison sentence of 50 years to life, plus a determinate term of 14 years. Specifically, the indeterminate term was composed of consecutive terms of 25 years to life in prison for both counts 1 and 2. The determinate term was composed of five-year terms for the serious felony enhancements for each of the counts, a three-year term for the great bodily injury enhancement for the assault count, and a one-year term for the deadly weapon enhancement for the robbery count.
Gomez filed a notice of appeal, specifying that the appeal was based on the sentence or other matters occurring after the guilty plea.
II.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings in the trial court. Counsel presented no argument for reversal but invited this court to review the record for error in accordance with Wende, supra, 25 Cal.3d 436.
Counsel has identified the following issues that "might arguably support the appeal" (Anders, supra, 386 U.S. at p. 744): (1) whether the trial court erred in denying Gomez's motion to dismiss his prior strike; (2) whether the trial court erred by imposing consecutive sentences for counts 1 and 2; and (3) whether the trial court erred in denying Gomez's request for appointment of a new attorney.
After we received counsel's brief, we gave Gomez an opportunity to file a supplemental brief, but Gomez did not respond.
A review of the record pursuant to Wende, supra, 25 Cal.3d 436, and Anders, supra, 386 U.S. 738, including the issues suggested by counsel, has disclosed no reasonably arguable appellate issue. Gomez has been adequately represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.




HALLER, J.

WE CONCUR:




BENKE, Acting P. J.




NARES, J.