People v. Maron CA5

Filed 8/11/23 P. v. Maron CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication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
FIFTH APPELLATE DISTRICT
THE PEOPLE,
F085101
Plaintiff and Respondent,
(Super. Ct. No. 21CR-04390)
v.
BRANDON MURAD MARON, OPINION
Defendant and Appellant.
THE COURT*
APPEAL from a judgment of the Superior Court of Merced County. Mark V.
Bacciarini, Judge.
James Edward Jones, under appointment by the Court of Appeal, for Defendant
and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
* Before Franson, Acting P. J., Snauffer, J. and De Santos, J.
STATEMENT OF APPEALABILITY
Appellant, Brandon Murad Maron, appeals from a final judgment of conviction
following a no contest plea, appealable under Penal Code section 1237, subdivisions (a)
and (b).1
STATEMENT OF THE CASE
On February 10, 2022, the Merced County District Attorney filed a four count
information against Maron alleging he committed assault with intent to commit a felony
(§ 264.1, subd. (a); count 1), a felony; elder abuse with injury (§ 368, subd. (b)(1);
count 2), a felony; possession of a controlled substance (Health & Saf. Code, § 11377;
count 3), a misdemeanor; and possession of drug paraphernalia (Health & Saf. Code,
§ 11364; count 4), a misdemeanor. As to counts 1 and 2, it was further alleged that
Maron inflicted great bodily injury on an elderly victim (§ 12022.7, subd. (c)), and, as to
count 1, it was further alleged he inflicted great bodily injury on a vulnerable victim
(§ 1203.09, subd. (a)).
On July 26, 2022, Maron entered a no contest plea to amended count 2, elder
abuse (§ 368, subd. (b)(1)) and admitted that the victim suffered great bodily injury
(§ 12022.7, subd. (c)). The balance of the charges and allegations were dismissed. On
October 7, 2022, Maron was sentenced to serve seven years in prison. He was also
ordered to pay a conviction assessment fee of $30 (Govt. Code, § 70373), a court
operations assessment of $40 (§ 1465.8), a restitution fine of $2,100 (§ 1202.4), with an
additional $2,100 fine suspended pending successful completion of parole (§ 1202.45).
At sentencing, Maron argued that he was entitled to 126 days of custody credit for
his participation in programming pursuant to section 4019.4, subdivision (a)(1), in
addition to the 394 actual days, and 59 days of conduct credit. The trial court disagreed,
1 All statutory references are to the Penal Code unless otherwise stated.
2.
and awarded 394 actual days, 42 days program credit (§ 4019.4, subd. (a)(1)), and
59 days conduct credit, for a total of 495 days credit for time served.
On October 7, 2022, Maron filed a timely notice of appeal.
STATEMENT OF FACTS2
On September 8, 2021, Maron got into a fight with his girlfriend’s 77-year-old
mother. During that fight, Maron punched his girlfriend’s mother to the ground, put his
weight on her thigh, and broke her femur.
APPELLATE COURT REVIEW
Maron’s appointed appellate counsel has filed an opening brief that summarizes
the pertinent facts, raises no issues, and requests this court to review the record
independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also
includes the declaration of appellate counsel indicating Maron was advised he could file
his own brief with this court. By letter on May 15, 2023, we invited Maron to submit
additional briefing. To date, he has not done so.
Having undertaken an examination of the entire record, we find no evidence of
ineffective assistance of counsel or any other arguable error that would result in a
disposition more favorable to Maron.
DISPOSITION
The judgment is affirmed.
2 Because Maron pled, the facts are taken from the victim’s testimony at the
preliminary hearing on February 7 and 9, 2022.
3.