Filed 8/20/24 P

. v. Anderson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

GRANT W. ANDERSON,

Defendant and Appellant. D083200

(Super. Ct. No. SCN432383)

APPEAL from a n order of the Superior Court of San Diego County,

Robert J. Kearney, Judge. Affirmed.

William D. Farber, under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

INTRODUCTION

Grant W. Anderson appeals from a n order revoking probation . His

appointed counsel filed a brief seeking our independent review of the record

pursuant to People v. Wende (1979) 25 Cal.3d 436 ( Wende ) and Anders v.

California (1967) 386 U.S. 738 ( Anders ). We informed Anderson of his right2

to personally file a brief, and he has not done so. We find no reasonably

arguable appellate issues and affirm. 1

FACTUAL AND PROCEDURAL BACKGROUND

Anderson pleaded no contest on December 23, 2022 to felony resisting

an executive officer (Pen. Code, 2 § 69) in case number SCN432383. The trial

court accepted Anderson’s plea and sentenced him on March 16, 2023 to two

years formal probation with credit for time served. Anderson’s probation

conditions included that he obey all laws; report to his parole officer as

directed; not knowingly use or possess alcohol as directed; and not unlawfully

use force, threats, or violence against another person.

O n April 25

, 2023

, Anderson’s probation officer issued a probation

report alleging Anderson violated multiple conditions of his probation. First,

the report alleged Anderson failed to appear for a probation appointment

scheduled for April 13, 2023. Second, the report described Anderson ’s arrest

on April 20, 2023 for public intoxication (§ 647, subd. (f))

, during which

Anderson threatened to kill the arresting officer and the officer’s family, spat

on the officer, and attempted to headbutt the officer. Anderson was

subsequently convicted in case number SC N 443066 of felony resisting an

executive officer (§ 69) and misdemeanor battery upon a peace officer (§ 243,

subd. ( b )).

Anderson moved to discharge defense counsel in case number

SCN432383 on July 5, 2023 pursuant to People v. Marsden (1970) 2 Cal.3d

118 ( Marsden ))

. After an in camera hearing, the court denied Anderson’s

Marsden motion.

1 On the court’s own motion, we take judicial notice of our records in appeal number D083103

.

2 Undesignated statutory references are to the Penal Code.3

On October 31, 2023

, the court sentenced Anderson in case n umber

SC N 443066 and then revoked and terminated his probation in case number

SCN432383. The court sentenced Anderson in case number SCN432383 to

the low term of one year four months in state prison to be served concurrently

to the sentence imposed in case number SC N 443066

. The court struck all

fines, fee s , and costs based on Anderson’s inability to pay.

Anderson timely appealed the order revoking probation in case number

SCN432383. 3

DISCUSSION

Anderson’s appellate counsel has filed a brief pursuant to Wende

,

supra , 25 Cal.3d 436 and Anders

, supra , 386 U.S. 738 , setting forth a

statement of the case and statement of facts, urging no grounds for reversal

of the judgment, and asking this court to independently review the record for

error.

We have reviewed the entire record as required by Wende and Anders

. We have not discovered any arguable issues for reversal on appeal.

Competent counsel has represented Anderson on this appeal.

3 Anderson separately appealed the judgment in case number SCN443066 in appeal number D083103.4 DISPOSITION

The order revoking Anderson’s probation is affirmed.

RUBIN, J.

WE CONCUR:

IRION, Acting P. J.

KELETY, J.