P. v. Darrough

 

 

 

 

 

Filed 8/8/13  P. v. Darrough CA4/1

 

 

 

 

 

>NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115>.

 

 

 COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION
ONE

 

STATE
OF CALIFORNIA

 

 

 
>

THE PEOPLE,               Plaintiff and Respondent,               v.   CHRISTIAN DARROUGH,               Defendant and Appellant.

D063328         (Super. Ct. No. SCS260014)

 

            APPEAL from a judgment of the Superior
Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">San Diego
County, Ana Espana, Judge. 
Affirmed.

           

            Jeanne C. Vanderhoff, under
appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for Plaintiff and
Respondent.

            A jury convicted defendant and
appellant Christian Darrough of one count of href="http://www.fearnotlaw.com/">possession of a controlled substance,
methamphetamine, in violation of Health and Safety Code section 11377,
subdivision (a).  Darrough brought two
oral motions to remove his attorney, which the court ruled were in fact two >Marsdenhref="#_ftn1" name="_ftnref1" title="">[1]
motions; one on December 18, 2012
and one on January 17, 2013.  He argued ineffective assistance of counsel
for refusing to file a Pitchesshref="#_ftn2" name="_ftnref2" title="">[2]
motion and failure to object to the testimony of the arresting officer. 

            Subsequently, Darrough admitted five
prison priors and a single strike prior. 
The trial court struck the strike prior and three of the five prison
priors.  The trial court then imposed and
suspended a sentence of four years; the middle term of two years plus one
additional year for each of the two remaining prison priors.  Darrough was granted formal probation for
three years, ordered to pay various fines and fees, and released from
custody.  Darrough filed a timely href="http://www.mcmillanlaw.com/">notice of appeal on January 23, 2013.

Appointed appellate counsel has filed a brief
summarizing the proceedings below. 
Counsel presents no argument for reversal and asks this court to review
the record for error as mandated by href="http://www.fearnotlaw.com/">People v. Wende (1979) 25 Cal.3d
436.  Pursuant to Anders v. California (1967) 386 U.S.
738, counsel lists as a possible, but not arguable, issue:  Whether the trial court erred in its denial
of the two Marsden motions and in its
refusal to replace counsel.

We granted Darrough permission to file a brief on
his own behalf, and he did so.  He argues
his counsel failed to provide effective assistance, in particular in failing to
challenge the credibility of the arresting officer who testified he saw
Darrough throw a bag of methamphetamine and in failing to file a >Pitchess motion.  Darrough also argues the trial court erred in
failing to examine jurors in camera with respect to sleeping Darrough observed.

We find that Darrough was adequately represented
both at trial and on appeal.

DISPOSITION

The judgment is affirmed.

 

 

 

BENKE, Acting P. J.

 

WE CONCUR:

 

 

HUFFMAN, J.

 

 

HALLER, J.