People v. Brown CA4/2 ( 2021 )

Filed 8/17/21 P. v. Brown CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E076631
v. (Super.Ct.No. FSB20001020)
CORWIN BROWN, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Steve Malone,
Judge. Affirmed.
Micah Reyner, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL HISTORY
On August 7, 2020, defendant and appellant Corwin Brown pled no contest to one
felony count of making a criminal threat in violation of Penal Code section 422.
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However, prior to his sentencing, defendant moved to withdraw his plea. At the hearing
on the motion to withdraw on January 4, 2021, the trial court denied defendant’s motion.
Thereafter, the trial court sentenced defendant to 16 months in prison pursuant to the
terms of the plea agreement.
On February 22, 2021, defendant filed a notice of appeal challenging the validity
of his plea and requested a certificate of probable cause. The trial court denied
defendant’s request for a certificate of probable cause. On March 3, 2021, defendant
filed a notice of appeal based on “matters that occurred after the plea and do not affect its
validity.”
B. FACTUAL HISTORY
On March 21, 2020, a gas station attendant detained defendant after an argument
regarding the purchase of cigarettes. The police came to the gas station and interviewed
the attendant. The attendant told the police that the argument occurred at a walk-up
window and during the argument, he refused to open the door to the gas station to let
defendant inside. Thereafter, defendant told the attendant that “he was going to have his
homeboys come in and catch a fade.” As defendant was talking to the attendant,
defendant lifted up his shirt to reveal a gun.
DISCUSSION
After defendant appealed, and upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of
the case, a summary of the facts, and potential arguable issues, and has requested this
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court to undertake a review of the entire record. Pursuant to Anders, counsel identified
the following issues to assist the court in its search of the record for error: “Does the
record show appellant’s plea of no contest was voluntary and intelligent? (See North
Carolina v. Alford (1970) 400 U.S. 25, 31.)”
We offered defendant an opportunity to file a personal supplemental brief, and he
has not done so.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have
independently reviewed the record for potential error. We are satisfied that defendant’s
attorney has fully complied with the responsibilities of counsel and no arguable issue
exists. (Id. at p. 126; People v. Wende, supra, 25 Cal.3d at pp. 441-442.)
DISPOSITION
The appeal is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
Acting P. J.
We concur:
FIELDS
J.
RAPHAEL
J.
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