Filed 2/14/24 P. v. Armburst CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

SEAN ARMBURST,

Defendant and Appellant.

 D082174

 (Super. Ct. No. SCE408542)

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

Kathleen M. Lewis, Judge. Affirmed.

Jared G. Coleman, under appointment by the Court of Appeal, for 

Defendant and Appellant. 

No appearance for Plaintiff and Respondent.
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Sean Armburst1 appeals from a judgment following his guilty plea to 

discharging a laser at an occupied aircraft. His appointed counsel has 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 Armburst of his right to personally file a brief, 

and he has not done so. Based on our independent review of the record, we 

find no reasonably arguable appellate issues and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On November 4, 2021, a felony complaint was filed in Case 

No. CE408542 charging Armburst with discharging a laser at an occupied 

aircraft. (Pen. Code, § 247.5.) At his arraignment hearing on November 4, 

2021, he was released on bail. 

At a readiness conference on November 22, 2021, Armburst indicated 

he was dissatisfied with his current counsel because counsel suggested he 

submit to a psychiatric evaluation, and he requested the appointment of new 

counsel. After conducting a hearing pursuant to People v. Marsden (1970) 

2 Cal.3d 118, 123 (Marsden), the trial court determined current counsel was 

providing Armburst with adequate representation and declined to order the 

appointment of new counsel. The court further found that a doubt had arisen 

as to Armburst’s competency, suspended proceedings, and ordered an 

evaluation of Armburst under Penal Code section 1368 to determine his 

competency. 

Following the Marsden hearing, Armburst remained released on bail on 

the condition that he not possess any weapons and that he waive his 

1 The notice of appeal and the opening brief identify appellant as “Sean 

Armbrust.” However, the complaint and trial court minute orders refer to 

him as “Sean Armburst.” We refer to appellant as: Sean Armburst.
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Fourth Amendment right to be free of warrantless or unreasonable searches. 

Armburst’s home was later searched pursuant to the Fourth Amendment 

waiver, a ghost gun was recovered, and a separate case was filed against him, 

Case No. CE409748. As a consequence of the search, Armburst lost custody 

of his son and his dogs were removed from his home. 

On February 24, 2022, the trial court found Armburst competent to 

stand trial based on a report from a qualified medical professional. On 

March 14, 2022, Armburst agreed to plead guilty to the charge in Case 

No. CE408542 in exchange for the dismissal of Case No. CE409748, and if he 

remained law-abiding for one year, the charge in Case No. CE408542 would 

be reduced to a misdemeanor. 

At his sentencing hearing on April 12, 2023, Armburst again requested 

the appointment of new counsel, this time based on his complaint that

current counsel was refusing to challenge the imposition of the 

Fourth Amendment waiver as a bail condition. After conducting another 

Marsden hearing, the trial court found no basis for the appointment of new 

counsel. Armburst then requested to represent himself, but after a 

discussion with the court, he agreed to be represented by his current counsel 

for sentencing. In accordance with the plea agreement, the court reduced 

Armburst’s charge in Case No. CE408542 to a misdemeanor, suspended 

imposition of sentence, granted one year summary probation, and deemed all 

fines satisfied. The court vacated all pretrial orders, including the 

Fourth Amendment waiver. 

On May 12, 2023, Armburst filed a notice of appeal from the judgment 

and a request for a certificate of probable cause. On May 22, 2023, the trial 

court issued a certificate of probable cause.
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DISCUSSION

Armburst’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. Pursuant to Anders, counsel identifies the following issue to assist the 

court in its search of the record for error: Was the trial court authorized to 

impose a Fourth Amendment waiver as a condition of Armburst’s release on 

bail? 

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 Armburst on this appeal.

DISPOSITION

The judgment is affirmed.

CASTILLO, J.

WE CONCUR:

O’ROURKE, Acting P. J.

IRION, J.