People v. Hall CA3

Filed 12/2/24 P. v. Hall CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C100412

Plaintiff and Respondent, (Super. Ct. No. 22CF03666)

v.

MATTHEW ROBERT HALL,

Defendant and Appellant.

Appointed counsel for defendant Matthew Robert Hall asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to Hall. We affirm.

1

BACKGROUND In July 2022, Hall and his girlfriend were in an argument in which he struck her in the eye, grabbed her arm, and, when she attempted to leave, pinned her against a wall, dislocating her shoulder. Hall was arrested and charged in Butte County Superior Court case No. 22CF03666 with inflicting a corporal injury on a spouse, cohabitant, or girlfriend (Pen. Code,1 § 273.5, subd. (a); count 1) and false imprisonment by violence (§ 236; count 2). In December 2022, the trial court held a Marsden2 hearing on whether to relieve Hall’s appointed counsel. The court denied the motion after finding that counsel’s evaluation of the case and communications with Hall were reasonable. Subsequently, another attorney was appointed to represent Hall. In January 2023, Hall pled guilty to the corporal injury offense in exchange for dismissal of the false imprisonment charge with a Harvey3 waiver and consideration for participating in Veterans Treatment Court; the matters of probation and sentencing were left to the trial court’s discretion. The parties stipulated to the probation report as the factual basis for the plea. Hall further stipulated that he waived his right to a jury or judge trial on aggravating circumstances, agreeing that the judge could determine aggravating factors based on the police report, probable cause declaration, and Veterans Treatment Court documentation, and that the court could sentence him to the lower, middle, or upper term. Based on his guilty plea, the court found Hall in violation of probation in Butte County Superior Court case No. 21CM03923. The court referred the