P. v. Morgan
Filed 4/24/06 P. v. Morgan CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977 .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 FOUR
| THE PEOPLE, Plaintiff and Respondent, v. ARSENIO RUSSHON MORGAN, Defendant and Appellant. | A110812 (Solano County Super. Ct. No. FCR211524) |
Defendant Arsenio Russhon Morgan appeals the judgment entered upon a jury verdict finding him guilty of kidnapping in the commission of a carjacking. (Pen. Code,[1] § 209.5, subd. (a).) His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.)
Defendant was charged in count I with kidnapping for carjacking (§ 209.5, subd. (a)) and in count II with second degree robbery (§ 211). He moved for substituted counsel under People v. Marsden (1970) 2 Cal.3d 118, and the trial court denied the motion.
The evidence at trial showed that on the evening of September 16, 2003, defendant and another man, Johnny Jones, approached Angela White as she went to her car in a parking lot at Solano Community College. As she put her key in the door lock, one of the men came up and put his arm around her neck, choking her nearly to the point of unconsciousness. The other man grabbed her keys, and the two pushed her into the back seat of the car. One of them sat on her. Her face was â€
