People v. Conway CA4/1

Filed 2/10/26 P. v. Conway CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D085409

Plaintiff and Respondent,

v. (Super. Ct. No. SCE425196)

KENNETH CHARLES CONWAY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Patricia K. Cookson, Judge. Affirmed.

Annie Fraser, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

In November 2024, a jury found Kenneth Charles Conway guilty of

one count of attempted criminal threats (Pen. Code, §§ 664, 442; count 1)1 with an allegation that he personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)) and one misdemeanor count of brandishing a weapon (§ 417, subd. (a)(1)). For the felony, the court placed Conway on probation for two years and imposed but stayed 365 days of custody pending successful completion of a residential treatment program. For the misdemeanor, the court placed Conway on summary probation for one year, to run concurrently with the felony count. Conway appealed. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Conway the opportunity to file his own brief on appeal, but he has not responded. FACTUAL BACKGROUND Benjamin S., who worked as a repossession agent for financial institutions, received information about the location of a BMW that needed repossession. He went to the location in the early morning of April 12, 2024, and saw the vehicle parked next to a dumpster. Benjamin S. verified the license plate, turned his tow truck around, and backed into the driveway. As he backed into the driveway, he saw a man approaching him from across the street. The man opened his leather vest, pulled out a hatchet, and yelled that it wasn’t “going to happen today.” Benjamin S. closed the truck door as the man approached because the man appeared aggravated and possibly under the influence as he wielded the hatchet and yelled expletives.