Opinion
D076244
03-09-2020
THE PEOPLE, Plaintiff and Respondent, v. JOHN E. HARBOUR, Defendant and Appellant.
Christine M. Aros, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCN394588) APPEAL from a judgment of the Superior Court of San Diego County, Michael D. Washington, Judge. Affirmed. Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
A jury convicted John E. Harbour of one count of resisting an executive officer (Pen. Code, § 69) and one count of battery on a police officer with injury (§ 243, subd. (c)(2)).
All further statutory references are to the Penal Code unless otherwise specified. --------
At sentencing, the court granted a defense motion to reduce the offenses to misdemeanors. Harbour was placed on one year summary probation with credit for time served. Harbour filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating he has not been able to identify any arguable issue for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Harbour the opportunity to file his own brief on appeal, but he has not responded.
In January 2019, Harbour was granted the right to represent himself (Faretta v. California (1975) 422 U.S. 806). In March 2019, Harbour requested appointment of counsel and the public defender was reappointed. Twelve days later Harbour again asked to represent himself. The request was denied.
On March 25, 2019, Harbour brought a Marsden motion (People v. Marsden (1970) 2 Cal.3d 118), which was denied. In April, he brought a second Marsden motion, but then withdrew it.
STATEMENT OF FACTS
At about 6:10 a.m., a citizen discovered Harbour lying on the sidewalk and partially in the bike lane. The citizen called 9-1-1.
Police arrived and approached Harbour. The encounter turned violent and there was a struggle to subdue Harbour and to get him into the police car. Spitting in one officer's face and biting an officer's finger, drawing blood.
DISCUSSION
As we have noted, appellate counsel has filed a Wende brief asking this court to review the record for error. To assist this court in its review of the record, and to comply with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible issues that counsel considered in evaluating the potential merits of this appeal:
1. Did the court err in denying Harbour's second request for self-representation;
2. Did the court err in denying Harbour's Marsden motion;
3. Did the court err in denying Harbour's motion to suppress evidence under section 1538.5; and
4. Was there sufficient evidence to sustain Harbour's convictions.
We have reviewed the entire record as mandated by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Harbour on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J. WE CONCUR: BENKE, Acting P. J. IRION, J.