People v. Brown CA5

DISCUSSION

Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asserting that after reviewing the record she could not identify any arguable issues in the case. By letter dated May 8, 2015, we invited defendant to identify any issue he wished us to consider. Defendant did not respond to our invitation. After a thorough review of the entire record, we agree with appellate counsel. This was an uncomplicated case providing the jury with a single decision. The evidence was limited to the officers who participated in the pursuit, defendant’s evidence was straightforward, the argument by both parties was limited to the evidence, the jury instructions properly instructed the jury and were agreed to by both parties, and the sentence was well within the trial court’s discretion. Defendant made a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118, seeking appointment of different defense counsel. The trial court denied the motion finding that defendant failed to state grounds to justify the change in counsel. Our review of the record finds no abuse of the trial court’s discretion. Moreover, we note that defendant was represented at trial by different…