People v. Page CA4/1

Filed 8/18/16 P. v. Page CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D069156
Plaintiff and Respondent,
v. (Super. Ct. No. SCD250178)
SAMPSON LOUIS PAGE,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, David M.
Gill, Judge. Affirmed.
Benjamin Boyce Kington, under appointment by the Court of Appeal, for
Defendant and Appellant.
Kamala D. Harris, Attorney General, for Plaintiff and Respondent.
Sampson Louis Page pleaded guilty to one count of disturbing the peace. (Pen.
Code, § 415.) His plea agreement included a waiver of the right to appeal the stipulated
sentence. Page appeals under People v. Wende (1979) 25 Cal. 3d 436 (Wende) and
Anders v. California (1967) 386 U.S. 738 (Anders). We offered Page the opportunity to
file his own brief on appeal but he has not responded.
FACTUAL AND PROCEDURAL BACKGROUND
In September 2014, the district attorney charged Page by amended information
with four counts of felony child abuse (Pen. Code, § 273a, subd. (a)) and one count each
of possession for sale of a controlled substance (Health & Saf. Code, § 11378),
possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and
possession of paraphernalia used for narcotics (Health & Saf. Code, § 11364.1, subd. (a)).
The People subsequently added two charges of contributing to the delinquency of a minor
(Pen. Code, § 272) and one count of disturbing the peace (Pen. Code, § 415).
The court denied Page's different motions filed under People v. Marsden (1970) 2
Cal. 3d 118, 124-125 (Marsden) to substitute his appointed attorney.
In October 2015, the court denied Page's motion to withdraw his guilty plea as to
all counts. Subsequently, in exchange for Page's guilty plea to disturbing the peace, the
court dismissed the other charges. The court denied probation and sentenced Page to
time served.
Page timely filed a notice of appeal. The trial court denied his request for a
certificate of probable cause.
DISCUSSION
Appellate counsel has identified the following issues that "might arguably support
the appeal" (Anders, supra, 386 U.S. at p. 744):
(1) Is Page's guilty plea constitutionally valid?
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(2) Did the trial court err by denying Page's motion to withdraw his plea?
(3) Did the trial court err by denying Page's Marsden motions?
(4) Did the trial court err by failing to appoint a new attorney to file a motion to
withdraw the plea?
(5) Was Page's waiver of the right to appeal valid?
A review of the record pursuant to Wende, supra, 25 Cal. 3d 436 and Anders,
supra, 386 U.S. 738, including the issues referred to by counsel, has disclosed no
reasonably arguable appellate issues. Page has been represented by competent counsel
on this appeal.
DISPOSITION
The judgment is affirmed.
O'ROURKE, J.
WE CONCUR:
HALLER, Acting P. J.
McDONALD, J.
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