Opinion
NOT TO BE PUBLISHED
APPEAL from judgment of the Superior Court of Los Angeles County, Barbara R. Johnson, Judge., Los Angeles County Super. Ct. No. BA288623.
Jonathan B. Steiner and Ann Krausz, under appointments by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
MANELLA, J.
Sung P. Park appeals from the judgment entered following a jury trial in which he was convicted of two counts of first degree burglary, counts 1 and 4 (Pen. Code, § 459), three counts of first degree robbery, counts 2, 5 and 6 (Pen. Code, § 211), three counts of false imprisonment by violence, counts 3, 7 and 8 (Pen. Code, § 236), and criminal threats, count 9 (Pen. Code, § 422). The allegations with reference to counts 1, 2 and 3 that appellant personally used a deadly and dangerous weapon within the meaning of Penal Code section 12022, subdivision (b)(1) were found not true.
The record establishes that on April 22, 2005, appellant knocked on his first victim’s front door, stating he was there to deliver a package. When the victim opened the door, appellant forced his way into the home, knocked his victim to the floor, said he had a gun, put it to her side and bound her hands. He then pushed her into the kitchen and pulled her down again. Appellant picked up a kitchen knife, demanded money and threatened to chop her hands off if she did not pay him. Appellant moved his victim through various rooms, placing her valuables in shopping bags. Before leaving, appellant placed his victim in the bathroom, blocking the door with a chair. The victim pushed her way out of the bathroom and saw appellant drive away.
Appellant was sentenced to prison for a total of six years and eight months, consisting of the middle term of four years for count 2, one-third the middle term, one year, four months, for count 5 and one-third the middle term, one year, four months, for count 6. Sentence on the remaining counts was imposed and stayed.
Appellant’s motion pursuant to People v. Marsden (1970) 2 Cal.3d. 118 to relieve his attorney was heard and denied. Appellant’s request for a continuance on day 10 of 15 to obtain private counsel was denied.
After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On October 20, 2006, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. On November 16, 2006, he filed a supplemental letter brief claiming the trial court erroneously denied his request for a continuance to obtain a private attorney. Additionally, he claims he went to trial with the public defender who did not have enough time to prepare for trial and who was pessimistic during trial.
We have examined the entire record and are satisfied that no arguable issues exist. The court's decision to deny a request for continuance to enable appellant to hire private counsel is reviewed for abuse of discretion. As the trial court observed, appellant had previously voiced dissatisfaction with his attorney and there was no evidence he had taken steps to retain counsel. Under the circumstances of the case, the court’s decision to deny the request for a continuance during the trailing period was not an abuse of discretion. (See People v. Pigage (2003) 112 Cal.App.4th 1359, 1367.) Further, to the extent appellant is claiming he received ineffective assistance of counsel, that claim is not supported by the record. (See People v. Bills (1995) 38 Cal.App.4th 953, 962.) Appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112.)
Pursuant to our order of January 16, 2007, the record on appeal was augmented to include the reporter’s transcript of proceedings conducted February 16, 2006, during which appellant requested a continuance to obtain private counsel. The augmented record was filed February 26, 2007.
DISPOSITION
The judgment is affirmed.
We concur: WILLHITE, Acting P.J., SUZUKAWA, J.
On June 28, 2005, appellant again posed as a messenger and knocked on the door of a home in Granada Hills. When the two minor children opened the door, appellant pulled out a handgun, ordered the children to lie down on the floor and bound their hands. Appellant then moved the two children to various rooms looking for valuables. Before leaving, appellant ordered the children to lie down inside the master bathroom bathtub, blocking the door with a night stand. Months later when Deputy Sheriff Donald McMinn randomly ran the license plate of the vehicle in front of him, he learned the license plates had been reported lost or stolen. The officer stopped the subject vehicle, which was driven by appellant, and during an inventory search found duct tape, shoestrings, gloves, face masks, pepper spray and bills of sale from pawn shops inside the car. Also found were jewelry, identification, credit cards, passports and mail determined to belong to the victims in the two households.