Filed 2/14/24 P. v. Armburst CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or or dered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

SEAN ARMB U RST,

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 a nd Respondent.2

Sean Armbu r st 1 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 Armbu r st 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 appel late issues and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND
On November 4, 2021 , a felony complaint was filed in Case
No. CE408542 charging Armbu r st with discharging a laser at an occupied aircraft. (Pen. Code, § 247.5

. ) At his arraignment hea ring on November 4, 2021, he was released on bail.
At a readiness conference on November 22, 2021, Armbu r st indicated
he was dissatisfied with his current counsel because counsel suggested he
submit to a psychiatric evaluation , and he requested the appoi ntment 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 Armbu r st with adequate representation and declined to order the appointment of new counsel

. The court further found that a doubt had arisen
as to Armbu r st’s competency , suspended proceedings, and ordered an evaluation of Armbu r st under Penal Code section 1368 to determine his competency. Following the Marsden hearing , Armbu r st remained released on bail on the condition that he not possess any weapons and that he waive his

1 T he 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

.3

Fourth Amendment right to be free of warrantless or unreasonable searches.
Armbu r st’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. CE40 974 8. As a consequence of t he search, Armbu r st lost custody of his son and his dogs were removed from hi s home. On February 2 4 , 2022, the trial court found Armbu r st competent to stand trial based on a report from a qualified medical professional. On March 14, 2022, Armbu r st agreed to plead guilty to the charge in Case
No. CE408542 in exchange for the dismissal of Case No. CE40 974 8 , 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, Armbu r st 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. Armbu r st 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
Armbu r st’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 , Armbu r st 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.4 DISCUSSION
Armbu r st’ 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 independen tly 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 Armbu r st’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 Armbu r st on this appeal. DISPOSITION The judgment is affirmed.

CASTILLO, J.

WE CONCUR:

O’ROURKE, Acting P. J.

IRION, J.