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People v. McLain

California Court of Appeals, Fourth District, Second Division
Feb 27, 2008
No. E043507 (Cal. Ct. App. Feb. 27, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. CHRONICLE McLAIN, Defendant and Appellant. E043507 California Court of Appeal, Fourth District, Second Division February 27, 2008

NOT TO BE PUBLISHED

APPEAL from the Superior Court of San Bernardino County. Super. Ct. No. FVI700346 Jules E. Fleuret, Judge. Affirmed.

Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RAMIREZ, P.J.

STATEMENT OF THE CASE

On March 29, 2007, the San Bernardino County District Attorney filed a one-count information against defendant. The information charged that defendant made criminal threats in violation of Penal Code section 422. Defendant pled not guilty.

All further statutory references will be to the Penal Code unless otherwise indicated.

On April 5, 2007, defendant, represented by counsel, withdrew his plea and pled guilty to the charged offense. (§ 1192.5.) Defendant also agreed to an upper term of three years. In accordance with the negotiated disposition, the district attorney agreed not to file a prior strike allegation.

Thereafter, the trial court imposed the upper term of three years. The court also imposed a restitution fine of $200 pursuant to section 1202.4 and a stayed restitution fine of $200 pursuant to section 1202.45.

STATEMENT OF FACTS

On March 3, 2007, San Bernardino County Deputy Sheriff Rick Runstrom was called to a convenience store in Victorville. The cashier told Deputy Runstrom that she had been working behind the counter when a Black man began to yell and scream at her. She recognized the man as a previous customer. He told her he was going to kill her, kill her family, and that he was going to come back and blast her head off. She was fearful of the man from the way he was walking back and forth and moving his arms; she thought he was going to jump over the counter. When the man left, she became further fearful that he was going to return to carry out his threats.

The manager of the convenience store told Deputy Runstrom that she was in her office when she overheard the man’s threats. She gave a description of the man, then told the deputy that the man was accompanied by a White female with red hair in a U-Haul truck.

The following day, Deputy Runstrom questioned Sharon Walker, who matched the manager’s description of the red-haired female. Walker told the deputy that the two children who accompanied her belonged to her boyfriend. She further told the deputy that her boyfriend was staying in a nearby motel.

Deputy Runstrom went to the motel and spoke to defendant. Defendant admitted that he had an argument with the convenience store clerk. He explained that the clerk had called the police on him a week earlier and that the police had responded by pointing guns at him and his son. He admitted that he had threatened the clerk.

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 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting 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.

We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

We concur: McKINSTER, J., GAUT, J.


Summaries of

People v. McLain

California Court of Appeals, Fourth District, Second Division
Feb 27, 2008
No. E043507 (Cal. Ct. App. Feb. 27, 2008)
Case details for

People v. McLain

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. CHRONICLE McLAIN, Defendant and…

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

Date published: Feb 27, 2008

Citations

No. E043507 (Cal. Ct. App. Feb. 27, 2008)