P. v. Asaad
Filed 8/5/13 P. v. Asaad 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
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
MARK M. ASAAD,
Defendant and Appellant.
D063487
(Super. Ct.
No. SCD197690)
APPEAL from
an order of the Superior Court
of
County, Joan P. Weber, Judge.
Affirmed.
Richard Jay
Moller, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Respondent.
In 2006,
Mark M. Asaad entered a negotiated guilty plea to assault with a deadly weapon
or by means of force likely to cause great bodily injury (Pen. Code,
§ 245, former subd. (a)(1)) with personal infliction great bodily injury
(Pen. Code, § 12022.7, subd.
(a)). The court suspended execution of a
five-year sentence (the two-year lower term for assault and three years for the
enhancement) and placed Asaad on five years' probation. In 2008, the court revoked and reinstated
probation. On three separate occasions
in 2010, Asaad was arrested for violations of the Health and Safety Code. In 2012, he filed a
the instant case. In 2013, the court
denied the motion. Asaad appeals. We affirm.
BACKGROUND
In 2006,
Asaad assaulted the victim by means likely to cause great bodily injury, and
great bodily injury
resulted.
In his plea
withdrawal motion, Asaad contended that at the time of the plea, (1) he was
under the influence of oxycodone, and (2) his attorney told him the characterization
of his offense as a strike could be "removed from his record"
after he completed probation. The court
concluded that Asaad's evidence was inconsistent with the record of the change
of plea proceedings.
The court
denied Asaad's request for a certificate
of probable cause.
DISCUSSION
Appointed appellate counsel has
filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal,
but asks this court to review the record for error as mandated by
v. Wende (1979) 25 Cal.3d 436 (Wende)
and Anders v. California (1967) 386
U.S. 738 (Anders).
We granted Asaad permission to file a brief
on his own behalf. He has not
responded. A review of the record
pursuant to Wende and
arguable appellate issue. Asaad has been competently
represented by counsel on this appeal.
DISPOSITION
The order
is affirmed.
HALLER, Acting P. J.
WE CONCUR:
McDONALD, J.
O'ROURKE, J.
