P. v. Oliver
Filed 5/13/13 P. v. Oliver CA4/1
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
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COURT
OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
ANTHONY OLIVER,
Defendant and Appellant.
D062282
(Super. Ct.
No. SCN298510)
APPEAL from
a judgment of the Superior Court
of
County, Daniel B. Goldstein , Judge. Affirmed.
Caroline R. Hahn, under appointment
by the Court of Appeal, for Defendant and Appellant.
No appearance by Respondent.
Anthony Oliver appeals the judgment
following his guilty plea. Appointed
appellate counsel filed a brief presenting no argument for reversal, but
inviting this court to review the record for error in accordance with
v. Wende (1979) 25 Cal.3d 436 (Wende). Oliver did not respond to our invitation to
file a supplemental brief. 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.
I
FACTUAL
AND PROCEDURAL BACKGROUND
In November 2011, an information
was filed against Oliver, charging him with making a criminal threat (Pen.
Code, § 422)
title="">[1]
and further alleging probation denial priors.
On February 14, 2012,
Oliver asked to relieve the public defender's office and to represent
himself. The trial court held a hearing
pursuant to People v. Marsden (1970) 2 Cal.3d 118 and granted the
request. On February 28, Oliver withdrew
his request to represent himself and asked for appointed counsel. The trial court appointed the alternate
public defender's office to represent Oliver.
On April 2, Oliver requested a Marsden
hearing and asked for a different appointed attorney. The trial court held a Marsden hearing and denied the request.
Oliver then pled guilty to one
count of attempted criminal threats.
(§§ 422, 664.) The trial
court sentenced Oliver to an eight-month prison term concurrent to his parole
violation. Based on Oliver's credits for
time already served, he was ordered to report to the probation department
rather than to prison.
According to the
formed the factual basis for Oliver's guilty plea, Oliver attempted to make a
criminal threat to a California Highway Patrol officer on July 2, 2011, by making telephone calls to
the officer's home. During the phone
calls, Oliver was heard saying to someone in the background, "Load the
magazine. We're on our way over." He stated directly to the officer, "I'm
coming over and putting a bullet in your head."
Based on Oliver's request, filed
pro se, the trial court issued a certificate of probable cause for Oliver to
pursue an appeal.
II
DISCUSSION
Appointed
appellate counsel has filed a brief summarizing the facts and proceedings in
the trial court. Counsel presented no
argument for reversal but invited this court to review the record for error in
accordance with Wende,
738, counsel identified as possible but not arguable issues: (1) whether the guilty plea was knowing,
intelligent and voluntary; (2) whether the trial court abused its
discretion in denying the second Marsden
motion; and (3) whether any of the potential bases for reversal of the
judgment listed in Oliver's request for a certificate of probable cause are
supported by the record. After we
received counsel's brief, we gave Oliver an opportunity to file a supplemental
brief, but he did not respond.
A review of
the record pursuant to Wende,
disclosed no reasonably arguable appellate issue. Oliver has been adequately
represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
IRION, J.
WE CONCUR:
McCONNELL, P. J.
NARES,
J.
name="_ftn1" title="">[1] All further statutory references are to the Penal Code.
