Opinion
A147698
12-30-2016
THE PEOPLE, Plaintiff and Respondent, v. DYLAN JAMES BAY, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Napa County Super. Ct. No. CR176659)
Defendant Dylan Bay appeals from a judgment entered after he admitted to violating probation. His appellate counsel asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Bay was informed of his right to file a supplemental brief and did not do so. We conclude there are no arguable issues and affirm.
In July 2015, Bay resisted an attempt by Napa police officers to arrest him at a friend's residence on an outstanding warrant. After he was detained, two friends of his who were also in the residence claimed he had prevented them from complying with the officers' orders by threatening them with a sword. The next month, Bay was charged with two counts of assault with a deadly weapon, two counts of false imprisonment by violence, one count of witness dissuasion, and one count of bringing drugs into jail, all felonies, as well as a misdemeanor count of resisting, obstructing, or delaying a peace officer. Bay pleaded no contest to the charge of bringing drugs into jail, based on three tablets of oxycodone found in his sock after his arrest, and the remaining counts were dismissed. The trial court suspended imposition of the sentence and placed him on probation for three years.
The facts in this paragraph are drawn in part from the original probation report.
The charges were brought under Penal Code sections 245, subdivision (a)(1) (assault), 236 (false imprisonment), 136.1, subdivision (b)(1) (witness dissuasion), 4573 (bringing drugs into jail), and 148, subdivision (a)(1) (resisting a peace officer). --------
In January 2016, Bay admitted to having violated his probation terms by failing to successfully complete a drug treatment program. The trial court revoked and terminated his probation and sentenced him to the lower term of two years, to be served in county jail under Penal Code section 1170, subdivision (h).
Bay waived his right to a probation-revocation hearing and admitted to violating probation. No error appears in the sentencing proceedings, and he was represented by counsel throughout the case. In particular, although Bay's appellate counsel identifies a potential issue based on Bay's request at sentencing to "make a Marsden motion to fire [his] attorney," we conclude that any error in the trial court's response to that request was manifestly harmless. (See People v. Marsden (1970) 2 Cal.3d 118, 126; People v. Washington (1994) 27 Cal.App.4th 940, 944 [holding that failure to rule on Marsden motion made after verdicts was harmless beyond a reasonable doubt].)
There are no meritorious issues to be argued on appeal. The judgment is affirmed.
/s/_________
Humes, P.J. We concur: /s/_________
Margulies, J. /s/_________
Dondero, J.