People v. Terrell CA4/1

Filed 11/3/23 P. v. Terrell CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D081597

Plaintiff and Respondent,

v. (Super. Ct. No. MCR22479)

RYLEQUE TERRELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Theodore M. Weathers, Judge. Dismissed and transferred.

Eric Multhaup, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Ryleque Terrell appeals from an order denying his petition to seal and

destroy arrest records under Penal Code1 section 851.8, subdivision (b). His appointed appellate counsel filed an opening brief raising no arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende); Anders v. California (1967)

1 All further statutory references are to the Penal Code.

386 U.S. 738 (Anders).) Under section 851.8, subdivision (p), we lack jurisdiction to decide the appeal because no accusatory pleading was ever filed against Terrell. In such circumstances, the appeal must instead be decided by the appellate division of the superior court. (§ 851.8, subd. (p)(2).) Accordingly, we dismiss the appeal and transfer it to the Appellate Division of the San Diego County Superior Court. FACTUAL AND PROCEDURAL BACKGROUND In November 2022, Terrell filed a pro per petition to seal and destroy arrest records relating to his March 8, 2022 arrest for robbery (§ 211) and corporal injury to a spouse or roommate (§ 273.5, subd. (a).) His petition alleged that the arrest did not result in the filing of a criminal complaint. In a written opposition, the People argued that the petition should be denied because the police had reasonable cause to believe that Terrell committed the offenses for which he was arrested. The People attached to the petition copies of the relevant police reports for the March 8, 2022 arrest, an emergency protective order issued the same day, and a police report declining to request the filing of charges. According to the arrest report, the complaining witness was Terrell’s ex-girlfriend, R.G. She reported that Terrell gouged her face with his fingernails inside her apartment. As a result, she sustained three lacerations near her right eye. Terrell also forcefully took a key fob from inside the apartment. The trial court held a hearing on Terrell’s petition. Based on the police reports, the court denied the petition on the ground that there was a basis for the police to arrest Terrell for domestic violence and robbery. Terrell filed a timely notice of appeal. The notice of appeal incorrectly stated that Terrell was appealing from the denial of a motion to suppress