Opinion
D075199
09-06-2019
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL A. SCHLEUSS, Defendant and Appellant.
Patrick Dudley, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCN387643 ) APPEAL from a judgment of the Superior Court of San Diego County, Daniel Belsky, Judge. Affirmed. Patrick Dudley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
A jury convicted Michael A. Schleuss of misdemeanor assault (Pen. Code, § 240) and misdemeanor battery (§ 242) as lesser offenses of felony counts. Schleuss was sentenced to time served and placed on summary probation. Schleuss filed a timely notice of appeal.
All further statutory references are to the Penal Code unless otherwise specified. --------
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 issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Schleuss the opportunity to file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
This case arises from a night-time encounter between Schleuss, who was preaching Christianity to the homeless and S.H., a homeless woman who was irritated with being awakened by Schleuss's loud preaching.
The victim, S.H., testified she became angry at Schleuss, who was standing in the street loudly preaching and waking her from her sleep. She finally approached Schleuss, yelling at him to stop. When she reached Schleuss, he pushed her, and she pushed him back. He then punched her in the mouth, causing her to pass out and fall to the ground.
The prosecution also presented recordings of three 9-1-1 calls over defense objections. One call was from a witness and two were from Schleuss's wife.
Defense
Schleuss testified in his own behalf. He said he was looking after a homeless man who was ill. Schleuss was accosted by two homeless men and chased away. Schleuss returned later to pick up something he dropped. He was again accosted by the same homeless men. Schleuss was then confronted by S.H. She struck him in the eye. He did not strike S.H. before she hit him. S.H. did not pass out or fall to the ground when he hit her.
DISCUSSION
As we have noted, appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436. Counsel requests this court to review the record for error. To assist the court and to comply with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified one issue he considered in reviewing the record: Whether the trial court erred in admitting the recordings of 9-1-1 calls containing multiple layers of hearsay?
We have reviewed the entire record as mandated by Wende and Anders. We have not identified any arguable issues for reversal on appeal. Competent counsel has represented Schleuss on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J. WE CONCUR: McCONNELL, P. J. BENKE, J.