Filed 7/6/16 P. v. Ballard CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

RICKY ALBERT BALLARD,

Defendant and Appellant. D069097

(Super. Ct. No. SCD 262919)

APPEAL from a judgment of the Superior Court of San Diego County, Timothy

Walsh, Judge. Affirmed.

Sheila O ' Connor, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, for Plaintiff and Respondent.

Ricky Albert Ballard appeals a judgment following his guilty plea to one count of

willful failure to register as a sex offender, after having suffered two convictions for

failing to update transient registration information. (Pen. Code, § 290.018, subd. (b).)2 FACTUAL AND PROCEDURAL BACKGROUND

In July 2015, the district attorney charged Ballard by felony complaint with one

count of violating Penal Code section 290.018, subd ivision (b).

T he court subsequently denied Ballard ' s first reque st filed under People v.

Marsden (1970) 2 Cal.3d 118, 124

- 125 ( Marsden )

, to substitute his appointed attorney

for a retained attorney because the request was not unequivocal.

In August 2015, Ballard pleaded guilty to one count of violating Penal Code

section 290.18, subdivision (b). His plea agreement included a waiver of the right to

appeal the stipulated sentence.

In September 2015, the court denied Ballard ' s second Marsden motion ; however,

the court granted him a continuance to obtain retained co unsel.

In October 2015, the court denied Ballard ' s request for another continua nce to

obtain retained counsel. The court also denied his third Marsden motion, this time

without holding a n in camera hearing because it found Ballard had failed to show that

changed circumstance s justif i ed such a hearing

.

The court denied probation and sentenced Ballard to 16 months in state prison.

Ballard timely filed a notice of appeal . The trial court denied his request for a

certificate of probable cause.

Ballard a ppeals under People v. Wende (1979) 25 Cal.3d 436 ( Wende ) and Anders

v. California (1967) U.S. 738 ( Anders )

. We offered Ballard the opportunity to file his

own brief on appeal but he has not responded.3 DISCUSSION

A ppellate counsel indicate s s he is unable to identify any reasonably arguable

issues for appeal and has asked this court to review the record for error. ( Wende

, supra

,

25 Cal.3d 436.) Pursuant to Anders

, supra

, 386 U.S. 738, counsel has identified the

following issue s in order to assist the cou rt in its search for error:

(1) Did the court abuse its discretion by denying Ballard the certificate of

probable cause?

(2) Did the court abuse its discretion by denying Ballard probation?

(3) Did the court ' s decision not to hear Ballard ' s M arsden motion prejudicially

deprive him of his rights to effective representation and due process?

We have reviewed the entire record consistent with the mandate of Wende, supra,

25 Cal.3d 436 and Anders, supra, 386 U.S. 738. We have not identified any reasonably

arguable issues for reversal on appeal. Ballard has been represented by competent

counsel on this appeal.4 DISPOSITION

The judgment is affirmed.

O ' ROURKE, J.

WE CONCUR:

McCONNELL, P. J.

NARES, J.