P. v. Larson
Filed 4/12/13 P. v. Larson CA2/2
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
TWO
THE PEOPLE,
Plaintiff and Respondent,
v.
ROBERT ERIC LARSON,
Defendant and Appellant.
B240727
(Los Angeles
County
Super. Ct.
No. KA096519)
THE COURT:
Defendant and appellant
Robert Eric Larson (defendant) appeals from his assault conviction. His appointed counsel filed a brief pursuant
to People
v. Wende (1979) 25 Cal.3d 436 (Wende),
raising no issues and requesting a court review of the record. On November
21, 2012, we notified defendant of his counsel’s brief and gave him
leave to file, within 30 days, his own brief or letter stating any grounds or
argument he might wish to have considered.
That time has elapsed, and defendant has submitted no brief or
letter. We have reviewed the entire
record and finding no error, we affirm the judgment.
After
a preliminary hearing, defendant was
charged with one count of assault on Richard Altvater (Altvater) by means
likely to produce great bodily injury, in violation of Penal Code section 245,
subdivision (a)(4).
title="">[1] The information also alleged that in the
commission of the offense, defendant inflicted great bodily injury on the
victim, within the meaning of section 12022.7, subdivision (a). In addition, the information alleged for
purposes of section 667, subdivision (a)(1), and the “Three Strikes†law,
of a serious or violent felony.
The
prosecution’s evidence showed that defendant approached Altvater as he sat on a
curb, and then punched him in the face and kicked him, causing multiple
fractures of the nose and cheekbones, as well as minor bruises and lacerations
on his face and body. A witness saw the
attack and called 911.
name="_ftnref4" title="">[3] When the police detained defendant shortly
afterward he had blood on his hands and clothing.
Defendant testified and
was impeached with his prior felony assault
conviction. He testified that he
knew Altvater. Both were homeless and
the incident occurred in an area where homeless people congregated. Altvater was disabled, drank a great deal,
and had trouble walking. Defendant
claimed that Altvater had fallen several times onto the concrete that night,
which caused him to have a bloody nose.
He also had fallen into some nearby bushes. Defendant claimed that it was when he helped
Altvater get up to urinate, that defendant got blood on himself from Altvater’s
bloody nose. Defendant denied kicking or
hitting Altvater and claimed that his
several falls.
The jury convicted
defendant as charged, and found true the allegation that Altvater suffered
great bodily injury. On April 19, 2012,
defendant admitted his prior convictions and the trial court sentenced him to a
total of 14 years in prison. Defendant’s
sentence was comprised of the middle term of three years, doubled as a second
strike, plus a consecutive five-year enhancement pursuant to section 667, subdivision
(a)(1), and a consecutive three-year term due to the infliction of great bodily
injury. The court awarded defendant 126
days of custody credit, ordered him to
pay mandatory fines and fees, and to provide a DNA sample, as well as palm and
thumb prints. Defendant filed a timely
notice of appeal.
We conclude that
defendant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and
effective appellate review of the judgment entered against him in this
case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
The
judgment is affirmed.
NOT TO BE PUBLISHED IN THE
OFFICIAL REPORTS.
name="_ftn2" title="">[1] All further
statutory references are to the Penal Code unless indicated otherwise.
