People v. Watson CA4/1 ( 2014 )

Filed 12/30/14 P. v. Watson CA4/1
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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D066032
Plaintiff and Respondent,
v. (Super. Ct. Nos. SCD247656,
SCD246913, SCD240679)
DAVID ARTHER WATSON,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Eugenia
Eyherabide, Judge. Affirmed.
Steven J. Carroll, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance by Plaintiff and Respondent.
This appeal follows a jury conviction in San Diego Superior Court case No.
SCD247656 and guilty pleas in case Nos. SCD249913 and SCS240679. In case No.
SCS240679 David Arthur Watson entered a guilty plea to one count of transporting
marijuana into the United States (Health & Saf. Code, § 11360, subd. (a)).
In case No. SCD246913 Watson entered a guilty plea to use of force against a
spouse causing injury (Pen. Code,1 § 273.5, subd. (a)).
In case No. SCD247656 a jury convicted Watson and two others of assault with a
deadly weapon causing great bodily injury (§§ 245, subd. (a); 12022.7, subd. (a)). The
court found an on-bail enhancement to be true (§ 12022.1, subd. (b)).
Watson was sentenced on all of the cases to a seven-year prison term. Watson
filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25
Cal. 3d 436 (Wende), indicating he has not been able to identify any reasonably arguable
issues for reversal on appeal. Counsel asks this court to review the record for error as
mandated by Wende. Although counsel has cited Anders v. California (1967) 386 U.S.
738 (Anders), which requires appellate counsel to identify any possible, but not arguable
issues for the court's review, he has not identified any possible appellate issues.
Appellate counsel has not complied with the mandate of Anders, supra, 386 U.S.
738 and has not assisted this court in its search of the record for possible error. However,
notwithstanding noncompliance with Anders, we have reviewed the entire record.
We offered Watson the opportunity to file his own brief on appeal but he has not
responded.
1 All further statutory references are to the Penal Code unless otherwise specified.
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STATEMENT OF FACTS
A. Case No. SCD247656
On April 10, 2013, Watson and others were playing cards on the sidewalk under
the Interstate 5 overpass at Pacific Highway and Rosecrans. The group of five or six
people and their shopping carts were blocking the sidewalk. The victim approached the
group riding his bicycle. He asked the group to move and they refused. That led to a
confrontation.
During the ensuing fight, Watson stabbed the victim multiple times. The victim
was hospitalized for seven days and lost 500 milliliters of blood from his wounds.
B. Case No. SCD246913
Watson pled guilty on March 29, 2013, to one count of domestic violence. He
admitted choking his wife, who he had found with a boyfriend. Watson choked his wife
until she lost consciousness.
C. Case No. SCS240679
On August 4, 2010, Watson pled guilty to transporting marijuana for sale. Watson
was apprehended at the United States border at San Ysidro with 2.42 pounds of
marijuana in his possession.
DISCUSSION
As we have indicated above, appellate counsel has filed a brief pursuant to Wende,
supra, 25 Cal. 3d 436, indicating he has not been able to identify any reasonably arguable
issues for reversal on appeal. We have reviewed the record pursuant to the mandate of
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Wende. Our review of the record has not identified any reasonably arguable issues for
reversal on appeal. Competent counsel has represented Watson on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
McDONALD, J.
IRION, J.
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