People v. Rhine CA4/1

I.

INTRODUCTION

John S. Rhine pled guilty to one count of mayhem (Pen. Code, § 203)1 and

admitted having personally inflicted great bodily injury on the victim (§ 12022.7, subd.

(a)). Rhine also admitted having suffered a prior strike conviction (§§ 667, subds. (b)-

(1), 668, 1170.12). The trial court sentenced Rhine to a stipulated sentence of seven

years in prison.

Appointed appellate counsel filed a brief presenting no argument for reversal, but

inviting this court to review the record for error in accordance with People v. Wende

(1979) 25 Cal.3d 436 (Wende). After having independently reviewed the entire record

for error, as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende,

we affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background2

On January 24, 2012, the victim, Phillip Smedick, was standing in a parking lot on

Sixth Avenue in San Diego. A woman asked Smedick to watch over her car while the

Unless otherwise specified, all subsequent statutory references are to the Penal Code.

At the change of plea hearing, Rhine agreed that the contents of the preliminary hearing transcript would serve as the factual…