Filed 7/12/24 P. v. Templar CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

ELLIS TEMPLAR,

Defendant and Appellant.

 D082875

 (Super. Ct. No. SCD295831)

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

Dwayne K. Moring, Judge. Affirmed. 

Ellis Templar, in pro. per.; and John L. Staley, under appointment by 

the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. 

Ellis Templar pleaded guilty to assault with force likely to cause great 

bodily injury (Pen. Code,1 § 245, subd. (a)(4)). Templar thereafter sought to 

set aside his guilty plea. Templar was provided new counsel to address his 

1 All statutory references are to the Penal Code. 
2

motion for new trial. At one point, he was permitted to represent himself. 

The motion for new trial was denied and Templar again requested counsel. 

The court granted two years formal probation with credit for 205 days 

served. Templar filed a timely notice of appeal and obtained a certificate of 

probable cause (§ 1237.5). 

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 

25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any 

arguable issues for reversal on appeal. Counsel asks the court to 

independently review the record for error as mandated by Wende. We 

advised Templar he could file his own brief on appeal. He has responded 

with a lengthy submission and several motions.2 Templar requests new 

counsel because he contends appellate counsel is incompetent.

In his materials Templar, for the first time claims he was not properly 

charged. “Ellis Templar” is a fictitious person. He now claims his real name 

is Lachlan Rotechrek, thus he argues the trial court did not have jurisdiction 

to try the case because Ellis Templar does not exist. Additionally, Templar 

claims all of his attorneys were ineffective, and the court erred in denying his 

motion to set aside his guilty plea. Lastly, he contends his guilty plea was 

coerced.

Our review of Templar’s brief and the record has not raised any 

arguable issues for reversal of his current conviction. The issues Templar 

seeks to raise will have to await some other legal challenge if he chooses to 

pursue such proceedings.

2 Templar’s motion to augment the reporter’s transcript from the 

preliminary hearing, is denied. 
3

STATEMENT OF FACTS

This appeal follows a guilty plea. Appellate counsel has submitted a 

brief statement from the plea process. We will include that statement here 

for convenience. 

Templar and H.L. were in a dating relationship which ended. H.L. 

started dating M.B. On July 6, 2022, H.L. and M.B. left the Tilted Stick Bar 

in Point Loma around 10:30 p.m. to walk to H.L. residence. Templar 

assaulted M.B. from behind and struck his head multiple times with a metal 

or aluminum bottle. They grappled and Templar twice struck M.B. in the 

face. Templar fled. The police responded. 

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks 

the court to independently review the record for error. To assist the court in 

its review, and in apparent compliance with Anders v. California (1967) 386 

U.S. 738 (Anders), counsel has identified one possible issue that was 

considered in evaluating the potential merits of this appeal: Whether the 

court erred in denying Templar’s motion to withdraw his guilty plea.

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

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

counsel has represented Templar on this appeal.
4

DISPOSITION

The judgment is affirmed.

HUFFMAN, J.

WE CONCUR:

McCONNELL, P. J.

O’ROURKE, J.