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People v. Swensen

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR
Jun 21, 2012
B235092 (Cal. Ct. App. Jun. 21, 2012)

Opinion

B235092

06-21-2012

THE PEOPLE, Plaintiff and Respondent, v. HOWARD JAY SWENSEN, Defendant and Appellant.

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. SA069468)

APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Dabney, Judge. Affirmed.

California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant Howard Jay Swensen purports to appeal from the judgment following his no contest plea to one count of assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). The court placed him on unsupervised probation. According to the transcript of the preliminary hearing, the victim of the assault, Kevin Arias, was on a ladder at the AMC theater at the Third Street Promenade in Santa Monica when defendant shook the ladder, causing him to fall. Defendant then got on top of Arias and attacked him using chopsticks and his fists.

Defendant's court appointed attorney filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting that we independently review the record. By letter dated January 9, 2012, we informed defendant of his right to submit by brief or letter within 30 days any contentions he wished us to consider. We have received no response.

Defendant's failure to obtain a certificate of probable cause bars him from raising any issues challenging the validity of his plea (Pen. Code, § 1237.5; see People v. McEwan (2007) 147 Cal.App.4th 173, 177-178), and our independent review discloses no cognizable issues from proceedings arising after the plea.

We have examined the entire record and are satisfied that no arguable issues exist, and that 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, 112-113.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

WILLHITE, Acting P. J.

We concur:

MANELLA, J.

SUZUKAWA, J.


Summaries of

People v. Swensen

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR
Jun 21, 2012
B235092 (Cal. Ct. App. Jun. 21, 2012)
Case details for

People v. Swensen

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. HOWARD JAY SWENSEN, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

Date published: Jun 21, 2012

Citations

B235092 (Cal. Ct. App. Jun. 21, 2012)