People v. Henderson CA3

Filed 4/15/14 P. v. Henderson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C074229

Plaintiff and Respondent, (Super. Ct. No. CM036550)

v.

SETH DUANE HENDERSON,

Defendant and Appellant.

Appointed counsel for defendant Seth Duane Henderson has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant has filed a supplemental brief, making a similar request. We shall affirm the judgment.

1

BACKGROUND On May 20, 2012, defendant stood on his front porch, intoxicated, yelling obscenities at his next door neighbor, Jessica. Defendant yelled “fuck you” at Jessica and repeatedly threatened her, stating: “I’m going to fuck you up.” Jessica’s nine-year-old daughter heard the threats; Jessica feared for both her and her daughter’s safety. Defendant pleaded no contest to making criminal threats. (Pen. Code, § 422). He also pleaded no contest to a misdemeanor charge in an unrelated case, Butte County case No. SCR84375. In exchange for his plea, the remaining count (cruelty to a child, Pen. Code, § 273a, subd. (b)) was dismissed with a Harvey1 waiver, along with the charges in another unrelated case. As a result of defendant’s plea, the trial court revoked his probation in yet another unrelated case, No. SCR71783. Shortly after entering his plea, defendant filed a Marsden2 motion and asked to withdraw his plea. The trial court denied both motions. On April 17, 2013, the trial court sentenced defendant to the upper term of three years in state prison, but stayed execution of that sentence. The court ordered defendant to serve three years of formal probation and to complete a one-year residential substance abuse treatment program as a condition of probation.3 The court also ordered defendant to pay various fines and fees. Five notices of appeal were filed from the disposition described above. The first four were filed by defendant himself, from April 24 through May 30, 2013. In three of those notices, defendant requested a certificate of probable cause; each time his request