Filed 1/27/20 P. v. Gowolo CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

BAKA MARTIN GOWOLO,

Defendant and Appellant.

D076098

(Super. Ct. Nos. SCD278042, SCD278892)

APPEAL from a judgment of the Superior Court of San Diego County, Robert F. O’Neill, Judge. Affirmed.

Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

This appeal arises from convictions in two separate criminal cases. In case No. SCD278042, Baka Martin Gowolo pleaded guilty to robbery (Pen. Code, § 211; count 1); a prohibited person possessing a firearm (§ 29820; count 2); a person prohibited from owning or possessing ammunition (§ 30305, subd. (a)(1); count 3).

In case No. SCD278892, a jury convicted Gowolo of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)). The jury found Gowolo committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(a)).

Gowolo was sentenced to an aggregate term of nine years eight months in prison. The court also imposed various fines, fees and assessments without objection.

Gowolo filed a timely notice of appeal.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating he has not been able to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Gowolo the opportunity to file his own brief on appeal, but he has not responded.

STATEMENT OF FACTS

In case No. SCD278042, Gowolo and a friend attacked a person walking in the Hillcrest area of San Diego County. The victim’s phone was stolen. A search warrant later revealed Gowolo was in possession of a shotgun and ammunition.

In case No. SCD278892, Gowolo and two others were involved in beating and kicking a victim. During the beating, Gowolo was observed “throwing” gang signs. He later posted a video of the affray on social media. Video surveillance from the location also showed the events and Gowolo’s participation in them.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief. Counsel asks the court to review the record for error as required by Wende. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified two issues he considered in evaluating the potential merits of this appeal:

1. Whether the court erred in imposing fines, fees and assessments without first conducting a hearing on Gowolo’s ability to pay them; and

2. Whether the court erred in giving the flight instruction, CALCRIM No. 372.

We have reviewed the entire record as mandated by Wende and Anders. We have not identified any arguable issues for reversal on appeal. Competent counsel has represented Gowolo on this appeal.

DISPOSITION

The judgment is affirmed.

HUFFMAN, J.

WE CONCUR:

BENKE, Acting P. J.

IRION, J.