Filed 4/20/22 P. v. Fries CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT*

APPEAL from a judgment of the Superior Court of Fresno County. Adolfo M. Corona, Judge.

Kristine Koo, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

Appointed counsel for defendant Michael James Fries asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm.

BACKGROUND

On October 15, 2019, after defendant refused to stop piling his tree trimmings in front of his neighbor’s house, his neighbor confronted him. Defendant started a fight, brandishing and swinging a knife at the neighbor, striking his chest. The neighbor then responded with aggression and both men were injured.

On October 17, 2019, the Fresno County District Attorney charged defendant with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1).

On October 30, 2019, count 1 was amended to assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)), and defendant pled no contest to this sole count. The court issued and served defendant with a 20‑yard protective order against defendant for the protection of the neighbor, and released defendant from custody on pretrial release.

On September 22, 2020, defendant filed a motion to withdraw his plea on the ground that he had learned of possible exculpatory evidence. He claimed he had been set up by the police department and a police officer told him his apprehension was a “false arrest.” New defense counsel was appointed for the purposes of the motion.

On October 7, 2020, the trial court denied defendant’s motion to withdraw the plea.

On March 22, 2021, the trial court sentenced defendant to six months of probation with 171 days of jail time, awarded credits, and imposed various fines and fees.[1] The court terminated the protective order it issued on October 30, 2019.[2]

On April 7, 2021, defendant filed a notice of appeal on his own behalf and the trial court granted his request for a certificate of probable cause. On April 15, 2021, defense counsel filed an amended notice of appeal and the trial court again granted the request for a certificate of probable cause.

DISCUSSION

Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

* Before Hill, P. J., Detjen, J. and Smith, J.

[1] The original minute order erroneously stated two years of probation. On July 20, 2021, the trial court issued a corrected minute order stating six months of probation.

[2] Defense counsel received a copy of the terminated protective order.