People v. Demerson CA2/1

Filed 9/30/16 P. v. Demerson CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B270431

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA434633) v.

EDWARD DEMERSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed.

Kelly C. Martin, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

An information, filed on September 23, 2015, charged appellant Edward Demerson with two counts: (1) threatening a public officer in violation of Penal Code section 71,1 a felony (count 1); and (2) assault on a custodial officer in violation section 241.1, a felony (count 2). It also alleged that appellant had three prior serious or violent felony convictions (§§ 667, subd. (d), 1170.12, subd. (b)), and had served nine prior prison terms within the meaning of section 667.5, subdivision (b). According to the preliminary hearing transcript, both counts were based on an incident in a courthouse in which appellant orally threatened and attempted to strike a sheriff’s deputy. Pursuant to a plea agreement, appellant pleaded no contest to count 1. The court found a factual basis for the plea, and dismissed count 2 and the other allegations. Under the plea agreement, the court sentenced appellant to 16 months in prison to run concurrently with his sentence in another unrelated case. The court also imposed a restitution fine of $400 (§§ 1202.4, 1202.45), required fees and assessments (§ 1465.8(a)(1); Gov. Code, § 70373). Appellant filed a notice of appeal. We appointed counsel to represent appellant in the matter. After examining the record, counsel filed a Wende brief raising no issues on appeal and requesting that we independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) On July 11, 2016, we directed appointed counsel to immediately send the record on appeal and a copy of the opening brief to appellant. We notified appellant that within 30 days from the date of the notice he could submit by letter or brief any ground of appeal, contention or argument he wished us to consider. We received no response. We have examined the entire record and are satisfied that appellant’s attorney has fully complied with her responsibilities and, as we discuss below, that no arguable appellate issue exists. (People v. Wende, supra, 25 Cal.3d at p. 441; People v. Kelly (2006) 40 Cal.4th 106, 110.)