People v. Thomas CA2/5

California Court of Appeal Sep 30, 2024 No. B333743Unpublished

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Holding. The court affirmed the judgment of conviction and sentencing, finding no arguable issues on appeal after an independent review of the record pursuant to People v. Wende.

Issues

Whether the defendant's claims of First Amendment retaliation are reviewable absent supporting argument or authority.
Whether the defendant's claim regarding his earliest possible release date is supported by the record.
Whether the defendant's request for an appeal bond under Penal Code section 1272 is moot given his release from custody.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Absent any argument or citation to authority, these bare assertions are insufficient to present an issue that this court can review. The issue is therefore waived.”

“We have examined the entire record and find no arguable issues on appeal.”

Filed 9/30/24 P. v. Thomas CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B333743

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA505836) v.

MELVIN THOMAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Enrique Monguia, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance for Plaintiff and Respondent.

____________________

Melvin Thomas appeals the trial court’s judgment following his plea of no contest to one count of criminal threats. (Pen. Code,1 § 422, subd. (a).) We affirm the trial court’s judgment. Thomas was charged with three counts of criminal threats. (§ 422, subd. (a).) It was alleged that he had suffered four prior strike convictions.2 (§§ 667, 1170.12.) Thomas was found incompetent to stand trial. Proceedings were adjourned while he received mental health treatment. The trial court found Thomas had been restored to competency approximately one year later, and proceedings resumed. Thomas pleaded no contest to one count of criminal threats (§ 422, subd. (a)), and admitted to one aggravating factor. Pursuant to a plea agreement, the trial court sentenced Thomas to the upper term of three years in prison. The court awarded Thomas 958 days of custody credit. Thomas filed a timely notice of appeal stating that he had been unlawfully arrested and alleging that the trial court lacked jurisdiction to sentence him. He did not obtain a certificate of probable cause. This court issued an order limiting the appeal to issues for which a certificate of probable cause is not required. We appointed counsel. After reviewing the record, counsel filed an opening brief asking this court to independently review the record to determine whether the trial court committed an error in sentencing. (People v. Wende (1979) 25 Cal.3d 436, 441.) On May 28, 2024, we advised Thomas that he had 30 days to

People v. Thomas CA2/5

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B333743

MELVIN THOMAS,

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DISPOSITION

MOOR, J.

KIM, J.

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