People v. Garcia CA6

Filed 3/12/25 P. v. Garcia CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051508 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C2213091)

v.

ALEJANDRO GARCIA,

Defendant and Appellant.

In 2023, a jury convicted defendant Alejandro Garcia of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))1 and petty theft (§ 484, subd. (a)). The trial court sentenced him to a term of four years in state prison. Appointed counsel for Garcia filed an opening brief which provides the procedural and factual background of the case but raises no legal challenge to the disposition. Counsel asks this court to conduct an independent review of the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Garcia was advised of the right to file written arguments on his own behalf, and he has submitted a letter in which he raises several concerns. Finding no arguable error that would result in a disposition more favorable to Garcia, we affirm the judgment.

1 Unspecified statutory references are to the Penal Code.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Procedural background On November 2, 2022, the Santa Clara County District Attorney filed an information charging Garcia with felony assault with a deadly weapon (§ 245, subd. (a)(1), count 1); felony second degree robbery (§ 211, count 2); misdemeanor battery (§ 243, subd. (a), count 3); and misdemeanor petty theft (§ 484, subd. (a), count 4). The information further alleged that Garcia has suffered a prior strike conviction (§§ 667.5, subds. (c); 1170.12, subd. (b)(1)). On January 3, 2023, the trial court declared a doubt as to Garcia’s competency to stand trial and appointed a doctor to evaluate him. Following a competency examination, the evaluating psychiatrist filed a report on April 24, 2023, in which she concluded that Garcia was competent to stand trial. The trial court found Garcia competent and reinstated criminal proceedings on April 28, 2023. On May 10, 2023, Garcia brought a Marsden2 motion for the appointment of substitute counsel. The trial court, after hearing from Garcia and his trial counsel in a closed proceeding, denied the motion. Following a jury trial, Garcia was convicted on counts 1 and 4.3 Garcia subsequently waived his right to a jury trial on the prior strike allegation and, after a bench trial on July 19, 2023, the court found true the allegation that Garcia had a prior strike conviction. On August 11, 2023, the trial court sentenced Garcia to a total term of four years in state prison, consisting of the lower term of two years on count 1 (assault with a deadly weapon), doubled due to the prior strike (§ 1170.12), along with a concurrent term of 364