People v. Mack CA4/2

I.

INTRODUCTION

A jury found defendant and appellant Ryan Marcus Mack guilty of assault by

means of force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (a)(4);

count 1) and violating the personal liberty of another by violence or menace (§ 236;

count 2). The jury found defendant not guilty of willfully and unlawfully resisting or

obstructing an officer (§ 148, subd. (a); count 3). The trial court sentenced defendant to

an aggregate middle term of three years in state prison with no credit for time served as

he was serving time on an unrelated charge at the time of the current offenses. The court

ordered defendant to pay a $300 restitution fine (§ 1202.4, subd. (b)) and a stayed

$300 parole revocation fine (§ 1202.45, subd. (c)). The court waived the $40 court

operations fee and $30 criminal assessment fee (§ 1465.8, subd. (a)(1); Gov. Code,

§ 70373).

Defendant appeals from the judgment. Appointed counsel has filed a brief under

the authority of People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California

(1967) 386 U.S. 738 (Anders), requesting this court to conduct an independent review of

the record to determine whether there are any…