People v. Carre CA4/1

Filed 8/24/23 P. v. Carre CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D081329

Plaintiff and Respondent,

v. (Super. Ct. No. SCD287138)

CHRISTOPHER J. CARRE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kenneth K. So, Judge. Affirmed. Christopher Carre, in pro. per.; and Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Christopher Carre entered into a plea agreement in which he pleaded

guilty to assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1); count 1) and corporal injury to a spouse (§ 273.5, subd. (a); count 2). Carre

1 All further statutory references are to the Penal Code.

admitted the use of a deadly weapon (§ 1192.7, subd. (c)(23)). The parties agreed Carre would be granted probation on various conditions. At sentencing, the court imposed a four-year prison term but suspended the execution and granted Carre probation. The remaining counts and allegations were dismissed. Carre filed a timely notice of appeal and requested a certificate of probable cause (§ 1237.5). The request for a certificate of probable cause was

denied.2 Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Carre the opportunity to file his own brief on appeal. He has responded by filing a supplemental brief, which we will discuss later in this opinion. In his change of plea, Carre admitted assaulting the victim with a weapon (to wit: a brick) and that he inflicted traumatic injury. DISCUSSION As we have noted, appellate counsel has filed a Wende brief and asks the court to independently review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible issue that was