People v. Carson CA6

Filed 9/9/25 P. v. Carson CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H052282 (Monterey County Plaintiff and Respondent, Super. Ct. No. 24CR001023)

v.

ANDREW JESUS CARSON,

Defendant and Appellant.

Andrew Jesus Carson was convicted of attempted criminal threats, dissuading a witness, and violating a protective order. The trial court suspended imposition of sentence and placed Carson on probation. Carson appealed, and we appointed counsel to represent him. Counsel filed an opening brief stating the case and the facts, but raising no issues. We advised Carson of his right to file written argument on his own behalf, but received no response. We have reviewed the full appellate record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). (See also People v. Kelly (2006) 40 Cal.4th 106 (Kelly).) We conclude that there is no arguable issue for appeal and affirm the judgment.

I. BACKGROUND At the time of the incident at issue, Carson had maintained a 14-year relationship with Jane Doe, and together they had three young children. Previously, in August 2013, Carson was convicted of inflicting corporal injury on Doe. A. The Offenses On June 18, 2023, Doe reported to police that Carson had pushed her, attempted to punch her, and accidentally hit one of their children instead, bloodying the child’s nose. Doe later reported that Carson was repeatedly calling and threatening to kill her. With Doe’s consent, police obtained an emergency protective order, arrested Carson, and informed him that he was barred from contacting Doe, including from jail. Nevertheless, Carson twice called Doe from jail through an intermediary and asked Doe to help him get the charges dropped. B. The Charges The first amended information against Carson contained seven charges: (1) criminal threats (Pen. Code, § 422, subd. (a)); (2) corporal injury to a cohabitant (id., § 273.5, subd. (a)); (3) corporal injury to a child (id., § 273d, subd. (a)); (4) dissuading a witness from prosecuting a crime (id., § 136.1, subd. (b)(2)); (5) two counts of misdemeanor child endangerment (id., § 273a, subd. (b)); and (6) misdemeanor violation of a protective order (id., § 273.6, subd. (a)). There were no enhancement allegations. C. The Trial Carson’s prosecution moved quickly. He filed no pretrial motions, and trial began in April 2024, only two months after the complaint was filed. The trial lasted three days, with one day of testimony from Doe as well as a bystander, two officers, and a domestic violence expert. In her testimony, Doe recanted her reports to the police that Carson assaulted and threatened to kill her. She testified that she made up the threats to create “a sense of urgency to go arrest him” and that in fact she had not been afraid for her safety. 2