Filed 7/29/14 P. v. Thornton CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D065701
Plaintiff and Respondent,
v. (Super. Ct. No. PLV64547)
WILLIAM THORNTON,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Desiree
Bruce-Lyle, Judge. Affirmed.
Beatrice C. Tillman, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance by Plaintiff and Respondent.
William Thornton appeals from the decision of the trial court entered March 24,
2014, revoking and reinstating his parole after he had been arrested for making criminal
threats and possession of drugs without a prescription. Appellate counsel has filed a brief
pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California
(1967) 386 U.S. 738 (Anders) indicating she is unable to find any arguable issues for
reversal on appeal. Counsel requests this court to review the record for error as required
by Wende.
FACTS AND PROCEDURAL BACKGROUND
Thornton was arrested on February 21, 2014 for making criminal threats (Pen.
Code, § 422), vandalism (Pen. Code, § 594, subd. (b)(1)), and possession of a controlled
substance without a prescription (Health & Saf. Code, § 11375, subd. (b)(2)).
An evidentiary hearing was held on the alleged parole violation on March 24,
2014. Thornton was allowed to continue self-representation as he had done in a parole
revocation shortly before this one. The court revoked and reinstated parole subject to 180
days in jail, with credit for 61 days custody.
Thornton filed his notice of appeal from this order on March 27, 2014.
Thornton's arrest stems from a family disturbance on February 21, 2014, to which
law enforcement officers were called.
The complaining witness, Shannon Stacey, told authorities that Thornton had
threatened her, including threats to kill her. He damaged her car.
Thornton was searched and 34 nonnarcotic, antidepressant pills were found on his
person.
DISCUSSION
As we have previously noted, appellate counsel has filed a brief pursuant to
Wende, supra, 25 Cal.3d 436, indicating she is unable to find any arguable issues for
reversal on appeal and asks this court to review the record for error as mandated by
Wende. As required by Anders, supra, 386 U.S. 738, counsel has set forth one possible,
but not arguable issue:
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Whether there is sufficient evidence to meet the prosecution's burden to prove the
parole violations by a preponderance of the evidence.
Thornton has filed his own brief on appeal. Thornton's brief is somewhat
rambling, but does raise one possible issue which we have considered. That issue is
whether he should have been readmonished about self-representation when he appeared
for the revocation hearing in this instance. The record shows the court discussed self-
representation with him. The court discussed that he had been "in pro per" previously
because the public defender had been disqualified. The court determined that Thornton
continued to wish to represent himself.
We have reviewed the entire record as mandated by Wende, supra, 25 Cal.3d 436
and Anders, supra, 386 U.S. 738 and have not discovered any reasonably arguable issues
for reversal on appeal. Competent counsel has represented Thornton on this appeal.
DISPOSITION
The order revoking and reinstating parole is affirmed.
HUFFMAN, J.
WE CONCUR:
BENKE, Acting P. J.
McDONALD, J.
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