People v. Fermin-Garcia CA1/2

Filed 12/13/22 P. v. Fermin-Garcia CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A165374 v. MARCO ANTONIO FERMIN- (Mendocino County GARCIA, Super. Ct. No. 22CR00502) Defendant and Appellant.

Defendant Marco Antonio Fermin-Garcia appeals from a judgment following a guilty plea. Defendant’s appellate counsel has filed a brief raising no legal issues and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel informed defendant of his right to file a supplemental brief, and counsel thereafter advised us that defendant intended to file a supplemental brief. We granted defendant an extension of time to file that brief and have now received notice from counsel enclosing the original letter brief (which is in Spanish), with counsel’s representation that he “had it professionally translated,” and enclosing the translation. We have completed our Wende review, conclude there are no arguable appellate issues requiring further briefing, and affirm.

1

On the evening of February 27, 2022, Henry Babcock was inside his residence in Ukiah, California, when he heard a knock on the door. Because of prior thefts at his home, Babcock picked up a crowbar and walked out of his house with it. Outside, he saw his garage door move and observed defendant leaving his garage with two tires. Babcock confronted defendant and asked him to put the tires down. Defendant told Babcock to hit him, but Babcock said he did not want to, and then began to retreat. Defendant followed him, removed a pair of bolt cutters from his backpack, and swung at Babcock, who sustained injuries to his hand and abdomen, either from being struck or from falling. The police arrived and arrested defendant. On March 1, the Mendocino County District Attorney filed a complaint charging defendant with one count of second degree robbery in violation of Penal Code sections 211 and 212.5, subdivision (c). The complaint further alleged that during the commission of the offense defendant personally used a deadly weapon within the meaning of section 12022, subdivision (b)(1), and that he had previously been convicted of two or more felonies within the meaning of section 1203, subdivision (e)(4). On April 20, three cases involving defendant came on for hearing: the charged robbery felony and two misdemeanors, for petty theft and possession of a controlled substance. Defendant was represented by counsel, Jeff Aaron. Following the identification of counsel, the hearing began with this colloquy: “THE COURT: I understand that you are going to resolve your three cases today by pleading guilty or no contest to petty theft and possession of a controlled substance and pleading guilty to a felony charge in Case 502, second-degree robbery.