People v. Beckwith CA5

Filed 4/25/25 P. v. Beckwith 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F088292 Plaintiff and Respondent, (Super. Ct. No. RF009225A) v.

SAMUEL MARCUS BECKWITH, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth G. Pritchard, Judge. Maureen M. Bodo, 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 Hill, P. J., Franson, J. and Snauffer, J.

INTRODUCTION Appellant and defendant Samuel Marcus Beckwith (appellant) pleaded no contest to attempted robbery and was placed on felony probation consistent with a negotiated disposition. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm. PROCEDURAL BACKGROUND On May 22, 2023, a felony complaint was filed in the Superior Court of Kern County charging appellant with committing the following offenses on or about November 29, 2022: count 1, attempted robbery, that he attempted to take property from a 13 year old (Pen. Code,1 §§ 664/212.5); and count 2, misdemeanor child endangerment of a 13 year old (§ 273a, subd. (b)). Plea On April 15, 2024, appellant appeared with Deputy Public Defender Newman. Appellant pleaded no contest to count 1, pursuant to a negotiated disposition for felony probation. Appellant signed a change of plea form, and the parties stipulated to a factual basis. The trial court granted the prosecution’s motion to dismiss count 2, provided the plea remained in effect. Sentence On May 13, 2024, the trial court convened the sentencing hearing. Appellant appeared with Deputy Public Defender Gallagher, who said she did not represent appellant at the plea hearing. She stated that on April 24, 2024, the public defender’s office received a letter from appellant, stating that he wanted to withdraw his plea.

1 All further statutory citations are to the Penal Code.