P. v. Davis
Filed 9/29/06 P. v. Davis CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. LARRY DEWAYNE DAVIS, Defendant and Appellant. | A112706 (Sonoma County Super. Ct. No. SCR 465272) |
Counsel has briefed no issues and asks for record review of the proceedings that led to defendant’s conviction. (People v. Wende (1979) 25 Cal.3d 436.) We have reviewed the record and affirm.
A police officer was dispatched to a residence following the report of a battery. The victim told the officer he heard defendant, his neighbor, yelling profanities in the victim’s direction from the other side of the fence. The victim said defendant jumped over the fence and ran through an open door into the victim’s home, where he continued to scream profanities as he punched the victim in the face. When a witness told defendant he was going to call the police, defendant fled back to his own yard. Two witnesses confirmed the victim’s account of the incident.
Defendant was charged with residential burglary, making a terrorist threat, felony assault, a hate crime enhancement, and an alleged prior conviction that qualified as a strike and serious felony. He waived his right to a preliminary hearing. After the case was set for trial, defendant waived his rights, pled guilty to residential burglary, and admitted the hate crime enhancement.[1] It was agreed that defendant would be sentenced to the middle term of four years for the burglary and two years for the hate crime enhancement.
Before he was sentenced, defendant moved for appointment of a new attorney under People v. Marsden (1970) 2 Cal.3d 118. The motion was denied after an in camera hearing. Defendant also moved to withdraw his plea, but the attorney specially appointed by the court to review the motion advised the court there was no legal basis for a change of plea. Defendant personally withdrew the motion to change his plea. Defendant was sentenced to six years in state prison, in accordance with the plea agreement, and timely appealed.[2]
Defendant was represented by counsel at all stages of the proceedings. He was fully advised of his rights, and of the consequences of his plea and admission. There was no error in the sentence imposed. Full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
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Siggins, J.
We concur:
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McGuiness, P.J.
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Parrilli, J.
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[1] The court granted the People’s motion to dismiss the remaining counts and enhancements at the time of sentencing.
[2] Defendant was also ordered to pay restitution fines of $1,800 and a $20 court security fee, to provide blood and saliva samples, and not to possess firearms. The court apparently did not act on defendant’s request for a certificate of probable cause, which was based on the denial of his Marsden motion. Appellate counsel states that an application has been filed with the trial court to correct the amount of credit for time served, pursuant to Penal Code section 1237.1.
