People v. Brady CA5

Filed 6/8/15 P. v. Brady CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068303 Plaintiff and Respondent, (Kings Super. Ct. No. 12CM4243) v.

CALEB ANDREW BRADY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Donna Tartar, Judge. Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Poochigian, J. and Franson, J.

INTRODUCTION Appellant/defendant Caleb Andrew Brady pleaded guilty to assault with a deadly weapon, admitted a gang enhancement, and was sentenced to the stipulated term of nine years pursuant to a negotiated disposition. On appeal, his appellate counsel filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) By letter on April 2, 2014, we invited defendant to submit additional briefing. Defendant has filed a letter brief and raises several issues: He was intoxicated when he confessed to the crime; the court improperly denied his motion to discharge his appointed counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden); and the court and his attorney forced him to plead guilty. We will address these contentions and affirm. FACTS On September 12, 2012, Officer Mark Carrillo responded to Grant Street in Hanford and found Juan Munoz lying in a significant amount of blood. Munoz had been stabbed under his left arm, about eight inches below his armpit. The laceration was about half an inch long, and it was actively bleeding. Munoz was taken to the hospital, and Carrillo did not interview him at the scene. Officer Carrillo later spoke to Munoz in the hospital’s emergency room. Munoz said he had been walking home from a store when he was accosted by four men on Davis Street near Roosevelt School. One man yelled, “[N]orte,” while another called him a “scrapa” and “scrap,” which were derogatory words for a rival gang. One man asked where he was from, to which Munoz replied that he was not in the rival gang, and he was just “a piza,” which meant a field worker without gang affiliation. Munoz said one man hit him in the face and knocked him down. He recognized this man as someone who lived on Davis Street and was known as “El Grandote,” which meant “the big guy.”