P. v. Oliver CA4/1

Filed 5/13/13 P. v. Oliver 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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, D062282
Plaintiff and Respondent,
v. (Super. Ct. No. SCN298510)
ANTHONY OLIVER,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Daniel B.
Goldstein , Judge. Affirmed.
Caroline R. Hahn, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance by Respondent.
Anthony Oliver appeals the judgment following his guilty plea. Appointed
appellate counsel filed a brief presenting no argument for reversal, but inviting this court
to review the record for error in accordance with People v. Wende (1979) 25 Cal.3d 436(Wende). Oliver did not respond to our invitation to file a supplemental brief. After
having independently reviewed the entire record for error as required by Anders v.
California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
I
FACTUAL AND PROCEDURAL BACKGROUND
In November 2011, an information was filed against Oliver, charging him with
making a criminal threat (Pen. Code, § 422)1 and further alleging probation denial priors.
On February 14, 2012, Oliver asked to relieve the public defender's office and to
represent himself. The trial court held a hearing pursuant to People v. Marsden (1970) 2
Cal.3d 118 and granted the request. On February 28, Oliver withdrew his request to
represent himself and asked for appointed counsel. The trial court appointed the alternate
public defender's office to represent Oliver. On April 2, Oliver requested a Marsden
hearing and asked for a different appointed attorney. The trial court held a Marsden
hearing and denied the request.
Oliver then pled guilty to one count of attempted criminal threats. (§§ 422, 664.)
The trial court sentenced Oliver to an eight-month prison term concurrent to his parole
violation. Based on Oliver's credits for time already served, he was ordered to report to
the probation department rather than to prison.
According to the preliminary hearing transcript, which formed the factual basis for
Oliver's guilty plea, Oliver attempted to make a criminal threat to a California Highway
1 All further statutory references are to the Penal Code.
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Patrol officer on July 2, 2011, by making telephone calls to the officer's home. During
the phone calls, Oliver was heard saying to someone in the background, "Load the
magazine. We're on our way over." He stated directly to the officer, "I'm coming over
and putting a bullet in your head."
Based on Oliver's request, filed pro se, the trial court issued a certificate of
probable cause for Oliver to pursue an appeal.
II
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and
proceedings in the trial court. Counsel presented no argument for reversal but invited this
court to review the record for error in accordance with Wende, supra, 25 Cal.3d 436.
Pursuant to Anders, supra, 386 U.S. 738, counsel identified as possible but not arguable
issues: (1) whether the guilty plea was knowing, intelligent and voluntary; (2) whether
the trial court abused its discretion in denying the second Marsden motion; and
(3) whether any of the potential bases for reversal of the judgment listed in Oliver's
request for a certificate of probable cause are supported by the record. After we received
counsel's brief, we gave Oliver an opportunity to file a supplemental brief, but he did not
respond.
A review of the record pursuant to Wende, supra, 25 Cal.3d 436, and Anders,
supra, 386 U.S. 738, including the issues suggested by counsel, has disclosed no
reasonably arguable appellate issue. Oliver has been adequately represented by counsel
on this appeal.
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DISPOSITION
The judgment is affirmed.
IRION, J.
WE CONCUR:
MCCONNELL, P. J.
NARES, J.
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