Opinion
D076519
02-26-2020
THE PEOPLE, Plaintiff and Respondent, v. MARCUS DEWAYNE CALDWELL, Defendant and Appellant.
Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. SCE380678) APPEAL from a judgment of the Superior Court of San Diego County, John M. Thompson, Judge. Affirmed. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
On March 13, 2019, defendant Marcus Dewayne Caldwell pleaded guilty to selling or furnishing heroin in violation of Health and Safety Code section 11352, subdivision (a). The balance of charges against him were dismissed. Caldwell admitted one strike prior and six prison priors. Two unrelated cases were dismissed. On June 27, 2019, Caldwell was sentenced to eight years in prison, after the court struck his six prison priors to conform the sentence to the plea agreement. The court imposed a restitution fine of $2,400 under Penal Code section 1202.4, subdivision (b). An additional fine of $2,400 was suspended unless parole was revoked, and he was required to register as a narcotics offender under Health and Safety Code section 11590.
Caldwell was granted 103 days of actual custody credits plus 102 days under Penal Code section 4019, for a total of 205 days of custody credit.
Caldwell filed a timely notice of appeal.
STATEMENT OF FACTS
The facts of the underlying offense and appellant's criminal history are set forth by Caldwell's counsel. We need not repeat them here.
DISCUSSION
Counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 US 738 (Anders), asking this court to review the record for error. To assist the court and in compliance with Anders, counsel has identified possible issues he considered when he evaluated the merits of this appeal:
"1. Did the court [err] in denying appellant's motion pursuant to People v. Marsden (1970) 2 Cal.3d 118?
"2. Was appellant's plea coerced?
"3. Was appellant 'actually innocent'?
"4. Did the court err in imposing a restitution fine under People v. Dueñas (2019) 30 Cal.[App.]5[th] 1157?"
As mandated by Wende and Anders, we have reviewed the entire record, including the sealed transcript of the Marsden motion heard by the court on March 13, 2019. We have not discovered any arguable issue for reversal on appeal.
We have offered Caldwell the opportunity to file a supplemental brief. He has not done so.
Competent counsel has represented Caldwell on this appeal.
DISPOSITION
The Judgment is affirmed.
BENKE, Acting P. J. WE CONCUR: AARON, J. DATO, J.