People v. Farias CA4/1

Good Law
Court of Appeal of CaliforniaOctober 31, 2014D065162California298 words

Opinion

Opinion

Mcintyre, J.

FACTS

On a morning in February 2013, Bulmaro Estrada heard a noise in the backyard of

his apartment and looked out the window. He saw Farias jump over a chain link fence

into his backyard. Estrada went into the backyard and saw Farias. Estrada struggled with

Farias and prevented him from escaping by knocking him down.

Estrada's wife called 911 and Estrada got on the phone to talk to the 911 operator.

The police arrived shortly thereafter and detained Farias. Estrada noticed that three

platform dollies he used for moving heavy things were in a vacant lot outside his fence.

Farias testified in his own defense. He stated he remembered being hit by Estrada

in Estrada's patio and being detained by the police, but did not recall anything before that.

Farias testified he drank approximately 18 beers and took one gram of methamphetamine

prior to being detained.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings below. He presented no argument for reversal, but asked this court to review

the record for error as mandated by Wende. Under Anders, he listed as possible but not

arguable issues, whether the trial court erred…

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