Opinion
F076434
07-05-2018
THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER RAUL BARTHEL, Defendant and Appellant.
Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. RF007723B)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Kern County. Kenneth G. Pritchard, Judge. Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Franson, Acting P.J., Meehan, J. and Ellison, J.†
-ooOoo-
Appellant Christopher Raul Barthel pled no contest to grand theft person (Pen. Code, § 487, subd. (c)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
All statutory references are to the Penal Code.
FACTUAL AND PROCEDURAL BACKGROUND
On December 24, 2016, Rosario Hyder and Sean Ortiz were in their bedroom in Ridgecrest when Shannon Siglain, who was accompanied by Barthel and Rory Alejandro, opened the door, began yelling at Hyder for stealing property from her, and pushed Hyder to the ground. After punching Hyder several times in the face and head, Siglain stepped away but she soon returned and kicked Hyder twice in the back of the head. Ortiz tried to intervene but Barthel prevented him by placing an eight- to 10-inch bowie knife to his throat as he and Alejandro ordered Ortiz to get in the bathroom, empty his pockets, and hand over his belongings. Ortiz gave Alejandro his cell phone. Additionally, the men gathered various items and placed them in Ortiz's backpack before leaving with the backpack. Ortiz and Hyder both positively identified Barthel and the others involved in the assault from photo lineups.
On April 18, 2017, the Kern County District Attorney filed a complaint that, in pertinent part, charged Barthel with second degree robbery (§§ 211 & 212.5, subd. (c)/count 1), first degree burglary (§§ 459 & 460, subd. (a)/count 2), and assault with a deadly weapon (§ 245, subd. (a)(1)/count 4). The complaint also alleged a serious felony enhancement (§ 667, subd. (a)) in counts 1, 2, and 4, that someone other than an accomplice was present during the burglary charged in count 2 (§ 667.5, subd. (c)(21)), a prior prison term enhancement (§ 667.5, subd. (b)) and that Barthel had a prior conviction within the meaning of the "Three Strikes" law (§ 667, subd. (b)-(i)).
On May 2, 2017, the prosecutor amended the complaint to add count 5, which charged Barthel, in pertinent part, with grand theft person. Barthel then pled no contest to count 5 and admitted that he had a prior strike conviction in exchange for the dismissal of the remaining counts and allegations, a grant of felony probation, and Barthel being released from custody on a Cruz waiver. Afterwards, the court dismissed the remaining counts and allegations. Barthel was released from custody later that day.
People v. Cruz (1988) 44 Cal.3d 1247. --------
On May 30, 2017, Barthel failed to appear for sentencing.
On June 12, 2017, Barthel appeared in court in custody and the court continued the matter to allow defense counsel to file a motion to withdraw plea on behalf of Barthel.
On June 19, 2017, the court granted defense counsel's motion to have Barthel examined to determine if he was competent to stand trial and appointed two doctors to examine him.
On July 17, 2017, based on the doctors' evaluations, the court found Barthel competent to stand trial.
On July 31, 2017, the court denied defense counsel's motion for appointment of new counsel for the purpose of filing a motion to withdraw plea on Barthel's behalf.
On August 9, 2017, defense counsel filed a motion to withdraw plea on Barthel's behalf based on the victims allegedly changing their statements and Barthel being under the influence when he entered his plea.
On August 17, 2017, defense counsel filed motion to dismiss Barthel's prior strike conviction. On that date, the court also appointed cocounsel to review Barthel's motion to withdraw plea.
On August 22, 2017, the court relieved cocounsel after he advised the court that there were not sufficient grounds to proceed with the motion to withdraw plea.
On August 24, 2017, the court denied Barthel's motion to withdraw plea. After Barthel waived a hearing, the court found he violated the terms of his release on his Cruz waiver and it denied Barthel's motion to strike his prior strike conviction. The court then sentenced Barthel to a doubled middle term of four years.
On October 10, 2017, defense counsel filed a timely appeal on Barthel's behalf. However, he did not obtain a certificate of probable cause.
Barthel's appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Barthel has not responded to this court's invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
† Retired judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.