People v. Salcedo CA4/1

INTRODUCTION

Miguel Margarito Salcedo appeals from an order following a contested probation

violation hearing. His 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 order.

BACKGROUND

Salcedo pleaded no contest to resisting an executive officer (Pen. Code, § 69).

Following this plea, at the People's request, the court dismissed two other misdemeanor

matters. A month later, before sentencing Salcedo, the court granted his motion to

replace his appointed counsel. (People v. Marsden (1970) 2 Cal.3d 118, 123 [a

defendant's right to appointed counsel includes the right to have appointed counsel

replaced if the failure to replace appointed counsel would substantially impair or deny the

defendant the right to assistance of counsel].)

Salcedo's new counsel informed the court he doubted Salcedo's competency. (Pen.

Code, § 1368, subd. (b).) The court suspended the criminal proceedings pending a

competency determination. A psychiatrist and a psychologist evaluated…