Opinion
NOT TO BE PUBLISHED
Santa Clara County, Super. Ct. No. CC809505
Mihara, J.
Defendant Abundio Cervantes pleaded no contest to threatening to commit a crime resulting in death or great bodily injury. He also admitted that he used a deadly weapon during the commission of the crime. Following a hearing, the trial court denied defendant’s Marsden motion. At the sentencing hearing, trial counsel advised the court that defendant maintained he was innocent and “would like to withdraw his plea based on his innocence.” The trial court asked whether there were any grounds to bring a motion to withdraw the plea. Trial counsel replied that the only grounds for the motion were those presented at the Marsden hearing. After noting that the Marsden motion had been denied by another judge, the court denied the motion. The trial court then sentenced him to two years in state prison. Defendant has filed a timely notice of appeal and a certificate of probable cause.
People v. Marsden (1970) 2 Cal.3d 118.
On June 21, 2008, defendant was involved in an argument about money with his wife Maria and daughter, Yanai. Maria and Yanai then went to the bank to withdraw money to give to defendant. When they returned, defendant, who was intoxicated and holding a knife, threatened to kill Maria. The victims ran to a neighbor’s house and called the police.
The police arrested defendant. As he was led to the police vehicle, defendant told Maria and Yanai, “I promise, when I get out I will kill her, believe me. Watch, you will see when I get out.”
Appointed appellate counsel has filed an opening brief which states the case and the facts, but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but he has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
WE CONCUR: Bamattre-Manoukian, Acting P. J., McAdams, J.