P. v. McCullough CA4/1 ( 2013 )

Filed 3/6/13 P. v. McCullough CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered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.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D062006
Plaintiff and Respondent,
(Super. Ct. No. SCD230586)
v.
ROBERT EDWARD MCCULLOUGH,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Louis R.
Hanoian, Judge. Affirmed.
Robert Edward McCullough threw a full can of beer at a cashier after the cashier
refused to sell him the beer due to McCullough's intoxication. The beer can crushed the
cashier's ear, causing a partial amputation. After receiving treatment, McCullough was found
competent to stand trial. A jury found McCullough guilty of mayhem and assault with a
deadly weapon. The trial court sentenced him to three years formal probation and time served.
The trial court imposed various fines and fees. McCullough timely appealed.
DISCUSSION
Appointed appellate counsel filed a brief summarizing the facts and proceedings below.
He presented no argument for reversal, but asked this court to review the record for error as
mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende). Under Anders v. California
(1967) 386 U.S. 738 (Anders), counsel listed as possible, but not arguable, issues, whether: (1)
the evidence supported the conviction; and (2) the trial court (a) abused its discretion in
denying McCullough's motion under People v. Marsden (1970) 2 Cal.3d 118, (b) erred in
failing to acquit McCullough due to insufficient evidence under Penal Code section 1118.1, (c)
erred in finding McCullough incompetent to stand trial, (d) erred by failing to grant
McCullough's motion for new trial, and (e) properly instructed the jury on the elements of
mayhem.
We granted McCullough permission to file a brief on his own behalf. He has not
responded. Our review of the record pursuant to Wende, including the possible issues listed by
counsel pursuant to Anders, has disclosed no reasonably arguable issues on appeal. Competent
counsel has represented McCullough on this appeal.
DISPOSITION
The judgment is affirmed.
MCINTYRE, J.
WE CONCUR:
MCDONALD, Acting P. J.
IRION, J.
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