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People v. Coleman

California Court of Appeals, Second District, Sixth Division
Mar 18, 2008
No. B202185 (Cal. Ct. App. Mar. 18, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MICHAEL J. COLEMAN, Defendant and Appellant. B202185 California Court of Appeal, Second District, Sixth Division March 18, 2008

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Superior Court County of Santa Barbara, Brian E. Hill, Judge, Super. Ct. No. 1212982

Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.

YEGAN, J.

Michael J. Coleman appeals from the judgment entered following his no contest plea to assault by means of force likely to cause great bodily injury. (Pen. Code, § 245, subd. (a)(1).) Pursuant to the negotiated plea, the trial court dismissed a sexual assault count (§ 220), two counts for resisting an officer (§ 69), and three prior prison term enhancements (§ 667.5, subd. (b)). Appellant was sentenced to four years state prison and ordered to pay a $200 restitution fine (§ 1202.4, subd. (b)), and a $200 parole revocation fine (§ 1202.45).

All statutory references are to the Penal Code.

We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised.

On January 11, 2008, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. On February 29, 2008, appellant submitted a letter requesting that a new attorney be appointed on appeal and that appellant be granted an additional 30 days to "explore potential meritorious defenses." We deny the request.

Appellant also filed a certificate of probable cause statement arguing, among other things, that there was no factual basis for the plea, that the victim was not injured, that he has no record of assaulting anyone, and that his trial attorney failed to obtain statements from witnesses that the victim suffered mental health issues.

These contentions are not supported by the record. (See e.g., People v. Kelly (2006) 40 Cal.4th 106, 126.) Nor does the record support appellant's claim that he was denied effective assistance of counsel. (Strickland v. Washington (1984) 466 U.S. 668, 687 [80 L.Ed.2d 674, 693; People v. Bolin (1998) 18 Cal.4th 297, 333.)

The probation report and preliminary hearing transcript, which were considered by the trial court at the change of plea and sentencing hearings, state that appellant purchased alcohol for the 17 year old victim, made sexual advances, and punched the victim in the face. Appellant was detained by officers, resisted arrest, threatened to kill a detective, spit on the officers, and kicked, screamed and banged his head on a Plexiglas partition while transported to jail. The probation report states that appellant was on parole when he committed the offense and that appellant has a criminal record dating back to 1977 with convictions for theft, disorderedly conduct, burglary, making terrorist threats, auto theft and vehicular homicide, battery, public intoxication, possession of drugs, battery on an officer, disturbing the peace, soliciting a lewd act, battery on emergency personnel, vandalism, obstructing a public officer, petty theft with priors, public intoxication, resisting an officer, and fighting in a public place.

We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441; People v. Kelly, supra, 40 Cal.4th at p. 126.)

The judgment is affirmed.

We concur: GILBERT, P.J., PERREN, J.


Summaries of

People v. Coleman

California Court of Appeals, Second District, Sixth Division
Mar 18, 2008
No. B202185 (Cal. Ct. App. Mar. 18, 2008)
Case details for

People v. Coleman

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MICHAEL J. COLEMAN, Defendant and…

Court:California Court of Appeals, Second District, Sixth Division

Date published: Mar 18, 2008

Citations

No. B202185 (Cal. Ct. App. Mar. 18, 2008)