Filed 3/19/18 P. v. Chouinard CA4/3






NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE


THE PEOPLE,

Plaintiff and Respondent,

v.

RYAN PAUL CHOUINARD,

Defendant and Appellant.


G055463

(Super. Ct. No. 17HF0652)

O P I N I O N

Appeal from a judgment of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed.
William G. Holzer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.

* * *
We appointed counsel to represent defendant Ryan Paul Chouinard on appeal. Counsel filed a brief which set forth the facts of the case, but advised the court no issues were found to argue on defendant’s behalf. Defendant was invited to express his own objections to the proceedings, but did not.
Defendant was charged with three felonies: making criminal threats, dissuading a witness and first degree residential burglary. He was also charged with two misdemeanors: vandalism under $400 and battery. On the court’s own motion, it reduced two of the felonies to misdemeanors.
During the trial court proceedings, defendant twice moved to be appointed new counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. On both occasions, the court heard from defendant outside the presence of all but defendant, his lawyer and the courtroom staff. The court denied both motions.
After the court determined defendant intelligently and voluntarily waived his constitutional rights and understood the plea he was about to enter, it accepted defendant’s guilty plea. Defendant thereafter pled guilty to all five counts. The court suspended imposition of sentence and placed defendant on three years’ formal probation. The court also issued a protective order, restraining defendant from having contact with the two victims.
In his guilty plea form, defendant offered the following handwritten facts: “I offer the following facts as the basis for my guilty plea: [¶] In Orange County, California, on May 16, 2017, in violation of PC 422, reduced to a misdemeanor by the court, I, Ryan Paul Chouinard (DOB: 12/10/77), did willfully and unlawfully threaten Chad B. to commit a crime which would result in death or great bodily injury to Chad B., with the specific intent that the statement be taken as a threat, and the statement was so unequivocal, unconditional, immediate, and specific as to convey to the person threatened a gravity of purpose and an immediate prospect of execution of the threat, causing Chad B., to reasonably be in sustained fear for his safety; on that same date, in violation of PC 136.1 (c)(1), reduced to a misdemeanor by the court, I did knowingly, maliciously, and unlawfully prevent and dissuade or attempt to prevent and dissuade Chad B., a victim and a witness, from making a report of that victimization to a peace officer, a state or local law enforcement officer, a probation officer, a parole officer, a prosecution agency, and a judge, by force and by an express or implied threat of force and violence upon the person and property of Chad B.; on that same date, in violation of PC 459-460(a), a felony, I did unlawfully enter an inhabited dwelling, house, trailer coach, and inhabited portion of a building, to wit: A residence, inhabited by Chad B., with the intent to commit larceny and PC 136.1, PC 140, and aggravated assault (PC 245) and as to this count (PC 459-460 (a)), I agree that the allegation that a non-accomplice was present during the residential burglary in violation of PC 667.5 (c)(21), namely Chad B. was present in the residence and came within the meaning of PC 462(A); as to count 4, on that same date, in violation of PC 594(a)/(b)(2)(A), a misdemeanor, I did maliciously and unlawfully damage or destroy a glass sliding door and mirror, real & personal property to Leanna G., in an amount less than $400; and on that same date, in violation of PC 242, a misdemeanor, I did willfully and unlawfully use force and violence upon Ralph M.”
We have examined the record and found no error or arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) The judgment is affirmed.



MOORE, ACTING P. J.

WE CONCUR:



ARONSON, J.



FYBEL, J.