People v. Girouard CA1/3 ( 2023 )


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  • Filed 2/23/23 P. v. Girouard CA1/3
    NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or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
    FIRST APPELLATE DISTRICT
    DIVISION THREE
    THE PEOPLE,
    Plaintiff and Respondent,
    A166335
    v.
    ANDRE RENEE GIROUARD,                                            (Lake County Super. Ct.
    No. CR961844)
    Defendant and Appellant.
    Defendant Andre Renee Girouard appeals from a judgment following
    his plea of no contest to one count of assault with a deadly weapon (Pen.
    Code, § 245, subd. (a)(1)1). Defendant admitted he had one prior “strike”
    conviction, and he admitted various aggravating factors were true.
    Additional counts were dismissed with a Harvey waiver.2
    The underlying crime arose out of an incident at a motel while
    defendant was drinking alcohol with two females. He touched one of the
    females inappropriately, and hit the other with a bottle twice, pushed her to
    the floor, and struck her numerous times. The trial court imposed the upper
    1     All further statutory references are to the Penal Code unless otherwise
    indicated.
    2        People v. Harvey (1979) 
    25 Cal.3d 754
    .
    1
    term of four years, doubled pursuant to the Three Strikes Law. Defendant
    filed a notice of appeal indicating this appeal is based on post-plea matters.
    Defendant’s court-appointed counsel filed a brief raising no issues and
    seeking our independent review of the record pursuant to People v. Wende
    (1979) 
    25 Cal.3d 436
     (Wende). The brief includes counsel’s declaration
    stating that counsel reviewed the record and determined a brief raising no
    issues was appropriate, counsel advised defendant a Wende brief would be
    filed and provided him a copy of the brief, counsel informed defendant of his
    right to file a supplemental brief within 30 days, and counsel informed
    defendant that he could request the court to relieve her as counsel. A proof of
    service accompanying the brief indicates that it was served on defendant by
    mail on January 19, 2023. More than 30 days has now elapsed, and
    defendant has not filed a supplemental brief. We reviewed the post-plea
    record on appeal and we have found no reasonably arguable appellate issue.
    (People v. Kelly (2006) 
    40 Cal.4th 106
    , 124.)
    DISPOSITION
    The judgment is affirmed.
    FUJISAKI, ACTING P.J.
    WE CONCUR:
    PETROU, J.
    RODRÍGUEZ, J.
    People v. Girouard (A166335)
    2
    

Document Info

Docket Number: A166335

Filed Date: 2/23/2023

Precedential Status: Non-Precedential

Modified Date: 2/23/2023