People v. Labarr CA5

INTRODUCTION

This case returns to this court following remand for resentencing. (People v. Labarr (Mar. 14, 2023, F082622) [nonpub. opn.] (Labarr).) Appointed counsel for defendant Phillip Eugene Labarr asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Counsel also requests that we order clerical corrections to the abstract of judgment. Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant responded, arguing his speedy trial rights were violated and the victim’s mental illness was not adequately investigated. We will order clerical corrections to the abstract of judgment as explained below. However, finding no arguable error that would result in a disposition more favorable to defendant, we otherwise affirm.

BACKGROUND

Defendant was convicted of misdemeanor assault (Pen. Code,1 § 240; count 1), battery causing serious bodily injury (§ 243, subd. (d); count 2), assault with intent to commit rape (§ 220, subd. (a)(1); count 3), criminal threats (§ 422; count 4), and a second count of misdemeanor assault (§ 240;…