Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from the Superior Court of San Bernardino County. Eric M. Nakata, Judge. Super.Ct.No. FVI023184
Jamie L. Popper, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P. J.
Defendant and appellant Coliss Bryane Williams appeals his jury conviction for one count of making a false bomb report (Pen. Code, § 148.1, subd. (c)) and one count of making a criminal threat (§ 422). We affirm.
All further statutory references are to the Penal Code unless otherwise stated.
FACTUAL AND PROCEDURAL BACKGROUND
At defendant’s trial, a grocery store clerk testified defendant came up to her at her check stand, touched her shoulder and leaned in, so his face was about three inches away from hers. He then told her “there was a bomb in a basket, and when he gave [her] a look [she was] to follow him out of the store.” He then left the store. The clerk was “terrified” and believed the threat was genuine, but in fact it was false. The jury convicted defendant of count 1, making a false bomb report (§ 148.1, subd. (c)), and count 2, making a criminal threat (§ 422).
In a bifurcated proceeding, the trial court found defendant had previously been convicted of a serious felony (§ 667, subd. (a)), as well as a “strike” (§§ 667, subds. (b)-(i), 1170.12). On count 2, the principal term, the trial court sentenced defendant to the middle term of two years, doubled as a result of the strike, for a total of four years. On count 1, making a false bomb report, the trial court sentenced defendant to eight months (one-third the middle term), doubled as a result of the strike, for a total of one year four months, to be served consecutively to count 2. The trial court also added a consecutive five-year term as a result of the prior serious felony, for a grand total of 10 years four months in state prison.
Defendant appealed (People v. Williams (Jan. 31, 2008, E041851) [nonpub. opn.]); we reversed and remanded with directions for the trial court to hold a new posttrial hearing to consider a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118, to discharge defendant’s trial attorney and appoint new counsel based on remarks defendant made in a letter and on the record during his sentencing hearing indicating he may have received ineffective assistance of counsel. We further directed the trial court to reinstate the judgment if it denied the Marsden motion, and to stay the sentence on count 1, making a false bomb report, pursuant to section 654.
After a lengthy hearing on remand, the trial court denied the Marsden motion. Pursuant to our direction, the judgment was reinstated, and the trial court resentenced defendant to reflect a stay of the one-year four-month sentence on count 1 pursuant to section 654. As a result, defendant is now serving a total of nine years in state prison.
DISCUSSION
On June 9, 2008, defendant filed a second notice of appeal indicating he intended to challenge the denial of his Marsden motion and his resentencing on remand. We appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. We offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: HOLLENHORST J., GAUT, J.