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Filed 2/11/21 P. v. Racle CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication 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.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta)

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THE PEOPLE,

Plaintiff and Respondent,

v.

MARTIN WILLIAM RACLE,

Defendant and Appellant.

C085733

(Super. Ct. No. 16F1941)

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). 

Having reviewed the record as required by Wende, we affirm the judgment.

We provide the following brief description of the facts and procedural history of 

the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

FACTUAL AND PROCEDURAL BACKGROUND

Charles Balding was hiking when defendant, Martin William Racle, approached 

and asked if he had marijuana, then asked for his cell phone and car keys. Balding 
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repeatedly said no and backed away from defendant. Defendant sounding desperate, 

persisted, then walked away. Balding was afraid and returned to his truck. When he got 

back to his truck, he saw defendant. It looked like defendant was trying to get into the 

back of the camper shell on the truck. Balding loudly asked, “Can I help you?” 

Defendant answered back, in a loud angry voice, “Can I help you?” As Balding walked 

around the gate to his truck, defendant kept asking for Balding’s car keys and cell phone. 

Balding kept refusing. Defendant said, “I need them more than you.” Defendant kept 

insisting and following Balding around the car. As Balding unlocked the driver’s side 

door, defendant grabbed him by his jacket. Balding shoved him back, and as defendant 

pulled, Balding’s jacket tore. Balding got in his truck and locked his doors. Defendant 

walked around to the passenger side, and punched the window three or four times, and 

said, “I’m going to knock you out. I’m better than you.” He appeared very angry. 

Balding was terrified, sped out of the parking lot, and called 911. 

An information charged defendant with: attempted carjacking (Pen. Code, §§ 215, 

subd. (a)/664; count 1);

1 attempted second degree robbery (§§ 211/664; count 2); and

criminal threats (§ 422; count 3). The information also alleged defendant had two prior 

serious or violent felonies (§§ 1170.12/667, subd. (a)(1)), and had served a prior prison 

term (§ 667.5, subd. (b)). 

After rejecting an eight-year plea offer, the prosecution rejected defendant’s sixyear counter-offer, and withdrew the eight-year offer. Ultimately, defendant pleaded no 

contest to counts 1 and 2, admitted one prior serious felony enhancement allegation and 

the prior prison term enhancement allegation, with the understanding he would be 

sentenced to 11 years four months in state prison. Defendant waived his right to a 

presentence investigation report. 

1 Undesignated statutory references are to the Penal Code in effect at the time of the 

charged offenses.
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About two months later, defendant, represented by new counsel, filed a motion to 

continue sentencing, seeking to allow new counsel to obtain transcripts of defendant’s 

plea proceedings and to prepare for sentencing. The trial court denied the motion. About 

one week later, defendant filed a second motion to continue sentencing and a motion to 

withdraw his waiver of a presentence investigation report. He then filed a motion to 

withdraw his plea and enforce the prior plea offer of eight years, claiming ineffective 

assistance of counsel. Defendant claimed he was unduly influenced to enter his pleas and 

admissions because prior counsel was not prepared to proceed to trial, failed to 

communicate with him, failed to order a touch DNA test, and failed to gain his trust and 

confidence. The trial court denied these motions. 

The trial court sentenced defendant to the agreed upon term of 11 years four 

months calculated as follows: the upper term of four years, six months, doubled due to 

the prior serious felony to nine years, on count 1; plus one-third the mid-term, or eight 

months, doubled due to the prior serious felony to 16 months; plus one year for the prior 

prison term. The trial court awarded defendant 1,100 days of presentence custody 

credits, ordered defendant to pay a $600 restitution fine (§ 1202.4), imposed and stayed 

an identical parole revocation fine (§ 1202.45), imposed an $80 court operations fee 

(§ 1465.8), a $60 criminal conviction fee (Gov. Code, § 70373), and $17 in direct victim 

restitution (§ 1202.4, subd. (f)). 

WENDE REVIEW

We appointed counsel to represent defendant on appeal. Counsel filed an opening 

brief that sets forth the facts of the case and requests this court to review the record and 

determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 

436.) Defendant was advised by counsel of the right to file a supplemental brief within 

30 days of the date of filing of the opening brief. More than 30 days elapsed, and we 

received no communication from defendant.
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Having undertaken an examination of the entire record, we find no arguable error 

that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

 /s/

MURRAY, J.

We concur:

 /s/

ROBIE, Acting P. J.

 /s/

MAURO, J.