People v. Maldonado CA5

Filed 8/29/24 P. v. Maldonado 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F087237 Plaintiff and Respondent, (Super. Ct. No. 23CMS0367) v.

ANTHONY LEE MALDONADO, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Valerie R. Chrissakis, Judge. Lisa Jensen, 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 DeSantos, J.

Appellate counsel for defendant Anthony Lee Maldonado, Jr., has filed an opening brief summarizing the pertinent facts and raising no issues but asking this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also includes a declaration from appellate counsel stating defendant was advised of his right to file a brief of his own with this court. By letter dated June 11, 2024, we also invited defendant to submit additional briefing. Defendant has not filed a response. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following our Supreme Court’s direction in Kelly, we provide a brief description of the facts and the procedural history of this case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL SUMMARY Following a preliminary hearing held on March 6, 2023, an information was filed charging defendant with one count of making a criminal threat (Pen. Code,1 § 422, subd. (a), a felony; count 1). The information also included a special allegation stating defendant had suffered a prior serious or violent felony conviction (§§ 1170.12, subds. (a)–(d) & 667, subds. (b)–(i)). On May 5, 2023, during a hearing for trial confirmation, defense counsel requested a continuance of the current trial date of May 15, 2023, to review discovery materials he had only recently received, even though the requests for the information had been made within two weeks of the preliminary hearing. After exploring this request with defendant, who was actually opposed to any delay in his trial, the trial court granted the request finding good cause for the delay existed.