People v. Marchick CA3

Filed 5/29/14 P. v. Marchick CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C075214

v. (Super. Ct. Nos. CM039472, SCR93884) MICHEAL ASHLEY CHILDERS-MARCHICK,

Defendant and Appellant.

Appointed counsel for defendant Micheal Ashley Childers-Marchick asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

I The facts are taken from the probation officer’s report, which was used to form the factual basis at the time of defendant’s plea. A Chico police officer detained defendant on May 27, 2013, for illegally camping in a park. Defendant did not have identification and gave the officer a false name. While the officer was checking on her identity, defendant ran from the scene; she was arrested the next day. The People charged defendant in case No. SCR93884 with resisting a peace officer (Pen. Code, § 148, subd. (a)(1)) and providing false information to a peace officer (Pen. Code, § 148.9, subd. (a)).1 The trial court released her on her own recognizance and issued a bench warrant when she failed to appear. At the time she was on probation in another case. On August 31, 2013, defendant was visiting her six-year-old daughter at her mother’s house. Defendant’s mother is the legal guardian of defendant’s child. During the visit, defendant argued with her mother and struck her three times in the head with a bottle. Defendant ran from the scene, but police subsequently located her. The People charged defendant in case No. CM039472 with elder abuse (§ 368, subd. (b)(1)), including allegations that she personally used a deadly weapon (§ 12022, subd. (b)(1)) and caused great bodily injury (§ 368, subd. (b)(2)); possession of more than 28.5 grams of marijuana (Health & Saf. Code, § 11357, subd. (c)); and child endangerment (§ 273a, subd. (b)). Defendant pleaded guilty to providing false information to a peace officer and elder abuse in return for dismissal of the other charges.