People v. Tutor CA4/1

STATEMENT OF FACTS

As this case arises from a postplea motion to reduce the sentence, we only have

the facts of the guilty plea itself as background for this appeal. In his guilty plea form

Tutor said he "committed an assault upon the person of another by means likely to

produce great bodily injury & engaged in lewd conduct in a public place."

DISCUSSION

Appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436. In

that brief, counsel has identified several possible issues pursuant to Anders v. California

(1967) 386 U.S. 738 (Anders):

2 1. Whether the trial court erred in declining to reduce Tutor's section 245,

subdivision (a)(1) conviction to a misdemeanor pursuant to section 17, subdivision (b)(3);

and

2. Whether the plea to section 245, subdivision (a)(1) was authorized since the

statute was amended effective January 2012, to move this particular offense to

subdivision (b)(4). (The offense in this case was committed in 2011.)

We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d

436 and Anders, supra, 386 U.S. 738 and have not identified any reasonably arguable

issue for reversal on appeal. Competent counsel has…