Opinion
E073118
02-27-2020
THE PEOPLE, Plaintiff and Respondent, v. MARK KEVIN HALL, Defendant and Appellant.
Reed Webb, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SWF1800254) OPINION APPEAL from the Superior Court of Riverside County. Mark Mandio, Judge. Affirmed. Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Mark Kevin Hall was charged by amended information with assault with a deadly weapon other than a firearm (a vehicle) (Pen. Code, § 245, subd. (a)(1), count 1) and misdemeanor battery (§ 242, count 2). A jury found him guilty of count 2, but was unable to reach a unanimous verdict on count 1. The trial court declared a mistrial as to count 1 and dismissed it in the interests of justice. It then placed defendant on summary probation for 36 months, under specified conditions.
All further statutory references will be to the Penal Code, unless otherwise noted. --------
Defendant filed a timely notice of appeal. We affirm.
FACTUAL BACKGROUND
On October 27, 2017, defendant threw some pieces of drywall into a dumpster, located in an alley behind the Adobe Plaza shopping center. The dumpster had a sign on it that read, "Adobe Plaza Tenants Only," and "Violators will be prosecuted." The sign was there to advise people that the dumpster was only for the use of shopping center tenants. The superintendent of the shopping center (the victim) saw defendant's truck next to the dumpster and observed him throwing pieces of drywall into the dumpster. The victim held up his hand and told defendant to stop. He told him to "hold on" and said he wanted to talk to him. The victim walked toward defendant and said, "You can't dump your stuff here." Defendant looked at the victim and got into his truck. Defendant drove his truck forward, and the victim just stood there and did not move. Defendant came to a stop after making contact with the victim's body. He got out of his truck and started arguing with the victim. Defendant pushed the victim in the chest with his hands and told him to get out of the way. He then got back into his truck and drove away.
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and no potential arguable issues. Counsel has also requested this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
J. We concur: RAMIREZ
P. J. MENETREZ
J.