Filed 6/18/26 P. v. Rogers CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D087603
Plaintiff and Respondent,
v. (Super. Ct. No. FVI24000556)
AALIM ZAAHIR ROGERS,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Bernardino
County, Rasheed S. Alexander, Judge. Affirmed.
Justine Eva Li Villanueva, under appointment by the Court of Appeal,
for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Aalim Zaahir Rogers entered into a plea agreement with a stipulated
sentence. Rogers entered no contest pleas to assault on a spouse or
cohabitant (Pen. Code,1 § 273.5, subd. (a)) and admitted he caused great
bodily injury, and child abuse (§ 273a, subd. (a)).
1 All statutory references are to the Penal Code.
Rogers was sentenced to a total term of nine years in prison, as
stipulated by the parties.
Rogers filed a timely notice of appeal and requested a certificate of
probable cause, which the court denied.
Appellate counsel has filed a brief under the authority of People v.
Wende (1979) 25 Cal.3d 436 indicating counsel has not been able to identify
any arguable issues for reversal on appeal. Counsel asks the court to
independently review the record for error as mandated by Wende. We offered
Rogers the opportunity to file his own brief on appeal, but he has not
responded.
STATEMENT OF FACTS
Counsel has included a brief summary of the stipulated facts of the
offenses. We will include it in this opinion for background information.
Rogers stipulated that a factual basis for his plea could be found in the
reporter’s transcript of the preliminary hearing.
According to the testimony presented at the preliminary hearing, on or
about February 25, 2024, Rogers’s ex-girlfriend went to Rogers’s home to pick
up her daughter who was in Rogers’s care. At Rogers’s doorstep, Rogers and
his ex-girlfriend argued. Rogers’s wife came out of the house and she and the
ex-girlfriend started fighting. Rogers’s brother also came out and slammed
the ex-girlfriend on the ground. Rogers’s mother arrived at the scene. The ex-
girlfriend testified that, at this point, Rogers said, “I’m tired of this b***h!,”
pulled a gun, and fired a shot. The ex-girlfriend thought Rogers had shot her
daughter who was also in proximity. She picked up her daughter and drove
to the hospital. The ex-girlfriend soon thereafter realized Rogers had shot
her hand, not her daughter, and the blood was hers, not her daughter’s. The
ex-girlfriend had an emergency surgery performed to reconstruct her hand.
DISCUSSION
As we have noted appellate counsel has filed a Wende brief and asks
the court to independently review the record for error. To assist the court
and in compliance with Anders v. California (1967) 386 U.S. 738 counsel has
identified three possible issues that were considered in evaluating the merits
of this appeal.
1. Whether the trial court abused its discretion in denying Rogers’s
request for a certificate of probable cause.
2. Whether the evidence in the record supports a finding of
ineffective assistance of counsel.
3. Can Rogers raise ineffective assistance of counsel after a no
contest plea and after the trial court denied a certificate of probable cause?
We have independently reviewed the record for error as required by
Wende and Anders. We have not discovered any arguable issues for reversal
on appeal. Competent counsel has represented Rogers in this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J.*
WE CONCUR:
BUCHANAN, Acting P. J.
CASTILLO, J.
* Retired Associate Justice of the Court of Appeal, Fourth Appellate
District, assigned by the Chief Justice pursuant to article VI, section 6 of the
California Constitution.