P. v. Zubiate
Filed 11/5/09 P. v. Zubiate CA5
Opinion following order vacating prior opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. MANUEL ZUBIATE, JR., Defendant and Appellant. | F056641 (Super. Ct. No. BF122037A) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Jerold L. Turner, Judge.
Tara Hoveland, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
-ooOoo-
______________________
*Before Cornell, A.P.J., Hill, J., and Kane, J.
At about 6: 00 a.m. on April 6, 2007, Rex Williams went to the Globe Motel with appellant, Manuel Zubiate, Jr., where he met a woman named Christi Collins. After arriving at the motel, Williams went to an ATM to get money to give Collins $20 for oral sex. When he returned, Zubiate told him Collins wanted him to take a shower to freshen up. As Williams was showering, Zubiate entered the bathroom and struck Williams several times with a roofers hatchet. Williams was struggling with Zubiate when someone struck Williams in the mouth with a hammer, breaking his dentures. Eventually Zubiate and Collinss son told Williams to empty his pockets. Williams tossed his keys, wallet, and $40 on the floor. After Williams was told to get out of the room, he picked up his keys, went outside, and got in his car. Williams followed Collins and her son in his car when they left the motel walking and yelled at them to return his wallet. Collins and her son thumbed through Williamss wallet and her son then threw it in Williamss car through an open window. Williams suffered a concussion, bled profusely from his head, and was hospitalized for three weeks as a result of the assault.
On April 2, 2008, the prosecutor filed an information charging Zubiate with first degree robbery (count 1/Pen. Code, 212.5, subd. (a)) and assault with a deadly weapon (count 2/Pen. Code, 245, subd. (a)(1)). Each count also alleged a great bodily injury enhancement (Pen. Code, 12022.7, subd. (a)) and two prior prison term enhancements (Pen. Code, 667.5, subd. (b)).
On July 18, 2008, Zubiate pled no contest to first degree robbery in exchange for the dismissal of the remaining count and enhancements and a three-year term, which would run concurrent to a term Zubiate was serving in case No. BF-106630A.
On October 21, 2008, the court sentenced Zubiate to the stipulated three-year term as per his plea agreement.
Zubiates appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Zubiate has not responded to this courts invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
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