People v. Tyler

Full title: THE PEOPLE, Plaintiff and Respondent, v. MORESE TYLER, Defendant and…

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

Date published: Dec 3, 2007

No. B190745 (Cal. Ct. App. Dec. 3, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. MORESE TYLER, Defendant and Appellant. B190745 California Court of Appeal, Second District, Eighth Division December 3, 2007

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. BA289606. Patricia M. Schnegg, Judge.

Barbara Michel, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

EGERTON, J.^*

* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Appellant Morese Tyler entered a negotiated guilty plea to one count of making criminal threats. (Pen. Code, § 422.) The trial court struck Tyler’s three prior strikes on the People’s motion and sentenced Tyler to two years in prison in accordance with the plea agreement. Tyler appeals.

The underlying facts were these: victim Gustavo Alcaraz had testified against Tyler in a murder case in 2004. In August 2005, Alcaraz saw Tyler on the street. Tyler walked up to Alcaraz “in a very threatening manner, [a] hostile manner” and pointed his fingers at Alcaraz. Tyler asked Alcaraz why he had gone to the police. Tyler told Alcaraz that he was “lucky [Tyler] didn’t have a gun” because “he would shoot [Alcaraz’s] ass.” Tyler said to Alcaraz, “I know where you live. I know where you stay. I will get you.”

We appointed counsel to represent Tyler on appeal. Counsel examined the record and then filed an opening brief raising no issues and asking this court independently to review the record. On October 9, 2007, we notified Tyler that he had 30 days within which personally to submit any contentions or issues he wished us to consider. To date, we have received no response.

Tyler’s guilty plea and his failure to apply for and obtain a certificate of probable cause limit the potential scope of his appeal to “grounds that arose after entry of the plea and do not affect the plea’s validity” and/or “the denial of a motion to suppress evidence under Penal Code section 1538.5.” (Pen. Code, § 1237.5, Cal. Rules of Court, rule 8.304(b).) Tyler did not file a suppression motion and the record reveals no grounds arising after entry of his guilty plea. Accordingly, Tyler’s appeal is inherently unmeritorious. In any event, we have examined the entire record and we find no arguable issues. (People v. Wende (1979) 25 Cal.3d 436, 441.)

DISPOSITION

The judgment is affirmed.

We concur: COOPER, P. J., RUBIN, J.