People v. Fargas CA2/8

Filed 5/23/14 P. v. Fargas CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B251646

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA129351) v.

RICKY FAGRAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John A. Torribio, Judge. Conditionally reversed and remanded.

Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General and Scott A. Taryle, Deputy Attorney General, for Plaintiff and Respondent.

________________________________

Defendant Ricky Fagras was convicted by jury of possessing a controlled substance for sale (Health & Saf. Code, § 11378), and prior drug conviction (Health & Saf. Code, § 11370.2, subd. (c)) and prison term allegations (Pen. Code, §§ 667.5, subd. (b) & 1203.07, subd. (a)(11)) were found true by the trial court. He was sentenced to a total term of seven years in county jail, under Penal Code section 1170, consisting of the midterm of two years for the violation of Health and Safety Code section 11378, three years for the prior drug conviction, and two years for the prison priors.1 Defendant filed a timely notice of appeal. We appointed appellate counsel to represent defendant. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) in which no issues were raised. Defendant filed two supplemental briefs with this court (one of which was filed after the deadline with this court’s permission), contending that: he was not assigned counsel to investigate an incident in 1980, where the judge took a “bribe”; his request for a trial continuance was denied; his request “for a juror to be drop[p]ed” was denied; he was severely beaten in the courthouse hallway by a narcotics officer after calling his daughter a “bag whore”; he was not present for his trial; his trial counsel argued in closing “my hands are tied[,] I don’t know why the D.A. won’t let me [subpoena] all the cops”; defendant has “death brain” from being “beaten to death” in 1988 in Lake Tahoe; defendant refused the civilian clothes offered to him by his attorney because “they were gangster grey[,] black ‘n’ white”; his witness was not allowed in the courtroom; he was denied in pro. per. status; the trial court erred when it found no discoverable information