P. v. McCullough CA4/1

Filed 3/6/13 P. v. McCullough CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062006

Plaintiff and Respondent, (Super. Ct. No. SCD230586) v.

ROBERT EDWARD MCCULLOUGH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Louis R.

Hanoian, Judge. Affirmed.

Robert Edward McCullough threw a full can of beer at a cashier after the cashier

refused to sell him the beer due to McCullough's intoxication. The beer can crushed the

cashier's ear, causing a partial amputation. After receiving treatment, McCullough was found

competent to stand trial. A jury found McCullough guilty of mayhem and assault with a

deadly weapon. The trial court sentenced him to three years formal probation and time served.

The trial court imposed various fines and fees. McCullough timely appealed.

DISCUSSION

Appointed appellate counsel filed a brief summarizing the facts and proceedings below.

He presented no argument for reversal, but asked this court to review the record for error as

mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende). Under Anders v. California