People v. Zeiszler CA1/5

Filed 8/24/15 P. v. Zeiszler CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A144596 v. DANIEL ZEISZLER, (San Mateo County Super. Ct. Nos. SC080745, SC082219) Defendant and Appellant.

Daniel Zeiszler appeals from a judgment entered after his no contest pleas to charges of resisting a peace officer and assault with a deadly weapon on a custodial officer. (Pen. Code, §§ 148.10, subd. (a), 245.3.) His attorney has filed a brief seeking our independent review of the record, pursuant to People v. Wende (1979) 25 Cal.3d 436 (see Anders v. California (1967) 386 U.S. 738), in order to determine whether there is any arguable issue on appeal. We find no arguable issue and affirm.

I. FACTS AND PROCEDURAL HISTORY

An information filed in San Mateo County Superior Court case No. SC080745 charged Zeiszler with resisting a peace officer in February 2014 (Pen. Code, § 148.10, subd. (a)).1 It further alleged that he had served two prior prison terms within the meaning of section 667.5, subdivision (b).

1 All statutory references are to the Penal Code.

1

An information filed in San Mateo County Superior Court case No. SC080914 charged Zeiszler with committing the following crimes in March 2014: resisting a peace officer (§ 148.10, subd. (a)); assault with a deadly weapon on a peace officer (§ 245, subd. (c)); and battery on a custodial officer (§ 243, subd. (c)(1)). The information further alleged, as to the last two counts, that Zeiszler personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). It was also alleged that he had served two prior prison terms. An information filed in San Mateo County Superior Court case No. SC082219 charged Zeiszler with committing the following crimes in July 2014: attempted escape from custody (§ 4532, subd. (b)(1)); destruction of jail property in excess of $950 (§ 4600); interfering with an executive officer (§ 69); and assault with a deadly weapon on a custodial officer (§ 245.3). As to the count for attempted escape from custody, it was alleged that Zeiszler personally used a deadly or dangerous weapon within the meaning of section 12022, subdivision (b). As to the count for assault with a deadly weapon on a custodial officer, it was alleged that the offense was a serious felony under section 1192.7, subdivision (c). The information further alleged that Zeiszler had served two prior prison terms. In June 6, 2014, the trial court granted the prosecutor’s motion to consolidate case Nos. SC080745 and SC080914. On November 4, 2014, the court heard and denied a motion Zeiszler had made under People v. Marsden (1970) 2 Cal.3d 118 (Marsden) in case No. SC082219. The court heard and denied a second Marsden motion by Zeiszler on December 15, 2014. On December 29, 2014, Zeiszler filed a handwritten notice of appeal from the denials of his Marsden motions (appeal No. A143889). We dismissed that appeal as premature, because he filed it before he was sentenced. On January 23, 2015, while represented by counsel, Zeiszler entered into written plea agreements in case No. SC080745 and case No. SC082219. Pursuant to those agreements, he waived his constitutional rights and entered a plea of no contest to resisting a peace officer (§ 148.10, subd. (a)) in case No. SC080745, and a plea of