People v. Wildman CA4/3

California Court of Appeal Apr 10, 2015 No. G049759Unpublished

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Holding. The court affirmed the defendant's conviction and sentence, finding no arguable appellate issues after an independent review of the record and rejecting the defendant's collateral attack on a prior conviction used for sentencing enhancement.

Issues

Whether the trial court properly granted the defendant's Faretta motion for self-representation.
Whether the trial court erred by failing to instruct the jury on the lesser included offense of attempted criminal threat.
Whether the trial court erred in imposing a five-year sentencing enhancement based on a prior conviction.
Whether the defendant's prior conviction was void, thereby invalidating the sentencing enhancement.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“As explained below, we agree with counsel’s assessment; there are no arguable appellate issues. And the issues raised by defendant are unmeritorious. We affirm the judgment.”

“Defendant’s argument amounts to a collateral attack on a final judgment. For the third time, we reject defendant’s collateral attack on the judgment in Orange County Superior Court case No. 12CF0274.”

Filed 4/10/15 P. v. Wildman CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049759

v. (Super. Ct. No. 13CF3229)

STEVEN JASON WILDMAN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Patrick H. Donahue, Judge. Affirmed. Steven Jason Wildman, in pro.per.; and Cynthia M. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

* * *

A jury convicted defendant Steven Jason Wildman of two counts of making 1 criminal threats, a violation of Penal Code section 422, subdivision (a) and also found true the allegation that defendant had suffered a prior conviction for a serious felony (§§ 667, subds. (d) & (e)(1), 1170.12, subds. (b) & (c)(1)). The court sentenced defendant to an aggregate state prison term of seven years, comprised of the middle term of two years on count 1, a consecutive term of five years for the prior serious felony 2 under section 667, subdivision (a)(1), and a concurrent term of two years on count 2. Defendant appealed the judgment and we appointed counsel to represent him. Counsel did not argue against defendant, but advised the court she was unable to find an issue to argue on defendant’s behalf. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was given an opportunity to file written argument on his own behalf, and he has done so, submitting two handwritten briefs totaling 17 pages plus some exhibits. As explained below, we agree with counsel’s assessment; there are no arguable appellate issues. And the issues raised by defendant are unmeritorious. We affirm the judgment.

People v. Wildman CA4/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

STEVEN JASON WILDMAN, OPINION

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FACTS

DISCUSSION

DISPOSITION

IKOLA, J.

BEDSWORTH, ACTING P. J.

MOORE, J.

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