People v. Russell CA4/1

INTRODUCTION

Karl Joseph Russell, Jr., was charged with one count of battery on a nonprisoner

by a prisoner. (Pen. Code, § 4501.5; count 1.)1 He pleaded guilty to attempting to resist

an officer in the performance of his lawful duty (§§ 664, 69; count 2 amended by

interlineation) with a stipulated sentence of 16 months in exchange for dismissal of count

1. The court sentenced Russell to 16 months to be served consecutive to the sentence he

was serving for another conviction (People v. Russell (Super. Ct. San Diego County,

2008, No. SCN217314).) The court also imposed fines and assessments. In a letter to the

court, Russell stated he wanted to "appeal some type of error in my case." This was

deemed a notice of appeal. The court did not issue a certificate of probable cause.

(§ 1237.5; Cal. Rules of Court, rule 8.304(b).)

Russell's appointed appellate counsel filed a brief requesting we independently

review the record for error. (See People v. Wende (1979) 25 Cal.3d 436, 441-442.)

Having done so and having identified no reasonably arguable appellate issues, we affirm

the judgment.

BACKGROUND2

A

Richard Lopez, a correctional officer at the Richard J. Donovan…