PEOPLE v. THOMAS

THE PEOPLE, Plaintiff and Respondent,
v.
ROBERT THOMAS, Defendant and Appellant.

C062051.

Court of Appeals of California, Third Appellate District, Butte.

March 18, 2010.

Not to be Published

ROBIE, J.

A Chico resident with a medical marijuana recommendation was growing two marijuana plants at his home. One night, he heard someone outside breaking branches from his marijuana plants. Naked, he went outside and ran after defendant Robert Thomas, who had a semiautomatic handgun in one hand and several marijuana branches in the other. The homeowner told defendant: "`You are not getting away mother f____, you're going to jail.'" Defendant gave back the marijuana, but the homeowner continued to pursue.

Defendant told the man, "`You got the weed back, let me go man,'" and repeatedly said, "`I don't want to shoot you; I don't want to hurt you.'" After defendant fired one round at him and missed, the man returned to his home and waited for the police.

Police found a .40-caliber handgun in a garbage bin. The handgun was the property of the San Francisco Police Department. It had a live round in the chamber, and a casing from the crime scene matched the rounds in the handgun. Defendant denied firing a weapon within the last two days.

After his motion to discharge counsel (People v. Marsden (1970) 2 Cal.3d 118) was denied, defendant pled no contest to assault with a semiautomatic firearm and admitted an allegation that he personally used a firearm in the commission of the offense.

Defendant subsequently moved to withdraw his plea. Substitute counsel was appointed to argue the motion, which was denied after a contested hearing. The court sentenced defendant to 16 years in prison, imposed various fines and fees, and awarded 254 days' credit (221 actual and 33 conduct).

Defendant obtained a certificate of probable cause and appeals.

We appointed counsel to represent defendant on appeal. Pursuant to People v. Wende (1979) 25 Cal.3d 436, counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur:

SCOTLAND, P. J.

SIMS, J.

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