People v. Wethern CA1/2

Filed 2/25/25 P. v. Wethern CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A171295

v. (Mendocino County BRIAN PAUL WETHERN, Super. Ct. No. 24CR03389) Defendant and Appellant.

Brian Paul Wethern appeals from a conviction of felony vandalism. His appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), in which he raises no issue and asks this court for an independent review of the record. Wethern has filed a supplemental brief.1

Wethern personally filed an opening brief which this court rejected 1

because counsel had been appointed for him. He then filed a letter requesting that we relieve his appellate counsel and permit him to represent himself on appeal, along with a brief challenging the trial court proceedings. We denied the request for self-representation (Martinez v. Court of Appeal of California, Fourth Appellate Dist. (2000) 528 U.S. 152 [no right to self- representation on direct appeal]; People v. Scott (1998) 64 Cal.App.4th 550, 579 [same]) and stated the brief would be construed as the supplemental brief permitted under Wende procedures.

1

We have reviewed the issues raised in Wethern’s supplemental brief and find none meritorious. Having examined the entire record in accordance with Wende, we agree with counsel that there are no arguable issues requiring further briefing. Accordingly, we affirm. BACKGROUND As described in the probation report and at the preliminary hearing, on December 21, 2023, while working as bailiff at the Ten Mile Branch of Mendocino Superior Court, Sheriff’s Deputy Michael Hosford observed Wethern recording the proceeding. Wethern refused to turn off his cell phone at the deputy’s request and again after the judge explained the court rules. The judge asked that Wethern be removed from the courtroom. Wethern became agitated when Deputy Hosford asked him to leave and then actively resisted when advised he was under arrest. Hosford and police officer Jared Frank transferred Wethern to a holding cell, where Wethern flushed the toilet and caused flooding in the cell and hallway. He actively resisted when another deputy transferred him to a patrol vehicle. Wethern was booked into jail, then released on a promise to appear.2 At about 1:42 a.m. on December 22, 2023, Sheriff’s Deputy Braden Rossich observed fresh white spray paint on the building and fence at the Ten Mile Courthouse. Large spray painted letters on the fence said “ ‘PIG’ ” and “ ‘COCK SUCKERS’ ” and letters on the concrete entryway to the courthouse read “ ‘H=GAY.’ ” Rossich believed the latter was directed to Deputy Hosford. The front entry doors and window had been spray painted with white letters reading, “ ‘FUCK FUCK MCSO.’ ” Rossich recognized “MCSO” as standing