Filed 8/5/13 P. v. Asaad CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D063487
Plaintiff and Respondent,
v. (Super. Ct. No. SCD197690)
MARK M. ASAAD,
Defendant and Appellant.
APPEAL from an order of the Superior Court of San Diego County, Joan P.
Weber, Judge. Affirmed.
Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Respondent.
In 2006, Mark M. Asaad entered a negotiated guilty plea to assault with a deadly
weapon or by means of force likely to cause great bodily injury (Pen. Code, § 245,
former subd. (a)(1)) with personal infliction great bodily injury (Pen. Code, § 12022.7,
subd. (a)). The court suspended execution of a five-year sentence (the two-year lower
term for assault and three years for the enhancement) and placed Asaad on five years'
probation. In 2008, the court revoked and reinstated probation. On three separate
occasions in 2010, Asaad was arrested for violations of the Health and Safety Code. In
2012, he filed a motion to withdraw his guilty plea in the instant case. In 2013, the court
denied the motion. Asaad appeals. We affirm.
BACKGROUND
In 2006, Asaad assaulted the victim by means likely to cause great bodily injury,
and great bodily injury resulted.
In his plea withdrawal motion, Asaad contended that at the time of the plea, (1) he
was under the influence of oxycodone, and (2) his attorney told him the characterization
of his offense as a strike could be "removed from his record" after he completed
probation. The court concluded that Asaad's evidence was inconsistent with the record of
the change of plea proceedings.
The court denied Asaad's request for a certificate of probable cause.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and
proceedings below. Counsel presents no argument for reversal, but asks this court to
review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436
(Wende) and Anders v. California (1967) 386 U.S. 738 (Anders).
We granted Asaad permission to file a brief on his own behalf. He has not
responded. A review of the record pursuant to Wende and Anders has disclosed no
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reasonably arguable appellate issue. Asaad has been competently represented by counsel
on this appeal.
DISPOSITION
The order is affirmed.
HALLER, Acting P. J.
WE CONCUR:
MCDONALD, J.
O'ROURKE, J.
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