Opinion
D082875
07-12-2024
THE PEOPLE, Plaintiff and Respondent, v. ELLIS TEMPLAR, Defendant and Appellant.
Ellis Templar, in pro. per.; and John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCD295831, Dwayne K. Moring, Judge. Affirmed.
Ellis Templar, in pro. per.; and John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
HUFFMAN, J.
Ellis Templar pleaded guilty to assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)). Templar thereafter sought to set aside his guilty plea. Templar was provided new counsel to address his motion for new trial. At one point, he was permitted to represent himself. The motion for new trial was denied and Templar again requested counsel.
All statutory references are to the Penal Code.
The court granted two years formal probation with credit for 205 days served. Templar filed a timely notice of appeal and obtained a certificate of probable cause (§ 1237.5).
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to independently review the record for error as mandated by Wende. We advised Templar he could file his own brief on appeal. He has responded with a lengthy submission and several motions. Templar requests new counsel because he contends appellate counsel is incompetent.
Templar's motion to augment the reporter's transcript from the preliminary hearing, is denied.
In his materials Templar, for the first time claims he was not properly charged. "Ellis Templar" is a fictitious person. He now claims his real name is Lachlan Rotechrek, thus he argues the trial court did not have jurisdiction to try the case because Ellis Templar does not exist. Additionally, Templar claims all of his attorneys were ineffective, and the court erred in denying his motion to set aside his guilty plea. Lastly, he contends his guilty plea was coerced.
Our review of Templar's brief and the record has not raised any arguable issues for reversal of his current conviction. The issues Templar seeks to raise will have to await some other legal challenge if he chooses to pursue such proceedings.
STATEMENT OF FACTS
This appeal follows a guilty plea. Appellate counsel has submitted a brief statement from the plea process. We will include that statement here for convenience.
Templar and H.L. were in a dating relationship which ended. H.L. started dating M.B. On July 6, 2022, H.L. and M.B. left the Tilted Stick Bar in Point Loma around 10:30 p.m. to walk to H.L. residence. Templar assaulted M.B. from behind and struck his head multiple times with a metal or aluminum bottle. They grappled and Templar twice struck M.B. in the face. Templar fled. The police responded.
DISCUSSION
As we have noted, appellate counsel has filed a Wende brief and asks the court to independently review the record for error. To assist the court in its review, and in apparent compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified one possible issue that was considered in evaluating the potential merits of this appeal: Whether the court erred in denying Templar's motion to withdraw his guilty plea.
We have reviewed the record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Templar on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McCONNELL, P. J., O'ROURKE, J.