P. v. Fannan
ourt to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we shall affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
Defendant pleaded no contest to assault with force likely to cause great bodily injury, kidnapping during a carjacking, and reckless driving. As to the assault charge he also admitted the enhancement allegation that he inflicted great bodily injury on the victim. The trial court sentenced defendant to an aggregate term of seven years eight months, plus a consecutive term of life in state prison. Because this matter was resolved by plea the facts are taken from the preliminary hearing transcript, as that served as the stipulated factual basis of the plea.
Defendant met Sam Jungwirth at the Whiskeytown Visitor Center in August 2010. Jungwirth agreed to give Fannan a ride to Lewiston. Defendant directed Jungwirth to a remote location and then hit Jungwirth multiple times on his head and face. Defendant ordered Jungwirth to move to the passenger’s seat and Fannan moved to the driver’s seat, locked the doors and began driving back toward Redding. He demanded Jungwirth’s wallet and took him to an ATM to withdraw cash. Defendant also told Jungwirth not to report his truck as stolen for at least a week. Defendant threatened Jungwirth and his family’s safety if he did not comply with defendant’s demands. When they got to the bank, Jungwirth yelled for someone to call 911.
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