Filed 4/1/15 P. v. Meloan CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D066129
Plaintiff and Respondent,
v. (Super. Ct. No. SCD252746)
MARCUS MARION MELOAN,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Timothy
R. Walsh, Judge. Affirmed.
Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
In this criminal case, appointed appellate counsel filed a brief presenting no
argument for reversal but inviting this court to review the record for error in accordance
with People v. Wende (1979) 25 Cal.3d 436 (Wende). We gave defendant and appellant
Marcus Marion Meloan an opportunity to file a brief on his own behalf, and he has done
so. After having independently reviewed the entire record for error, as required by
Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
FACTUAL BACKGROUND
In 2012 and 2013 Meloan was involved in a romantic relationship with Sarah Diot,
the victim in this case. During the course of their relationship, they lived together for
approximately three months; at all other relevant times they lived apart. On the morning
of December 7, 2013, Diot was making breakfast for Meloan at the apartment she shared
with her sister Lindsey Diot. According to Meloan, Diot asked him if he could help her
with her rent and he declined. According to Diot, Meloan suddenly got up from where he
was sitting and, in a rage, picked her up at the waist and slammed her body to the floor.
Meloan immediately left the apartment, with Diot on the floor where her sister discovered
her. Lindsey Diot stated that she found her sister on the floor, holding her head and
complaining that her head hurt. Diot told her sister that Meloan had "body slammed" her.
Diot complained of nausea and a feeling her brain was swelling. Lindsey Diot helped
Diot change and began driving Diot to the hospital. On the way to the hospital, Diot
experienced a seizure and her sister stopped the car and called 911; emergency medical
personnel responded and took Diot to the hospital in an ambulance, where she
experienced additional seizures.
At the hospital, Lindsey Diot contacted Meloan. In texts to Lindsey Diot, Meloan
claimed variously that Diot had fallen off a coffee table and had fallen on him.
At the hospital, doctors discovered a fracture at the rear of Diot's skull and
bleeding at three points in her brain. Diot was placed in a medically-induced coma for
two and a half weeks. Diot was released from the hospital after a month and was taking
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anti-anxiety and anti-seizure medications at the time of the preliminary hearing.
After being arrested and following a preliminary hearing, Meloan pled guilty to
one count of inflicting corporal injury on a cohabitant (Pen. Code,1 § 273.5, subd. (a))
and admitted he inflicted great bodily injury under circumstances involving domestic
violence within the meaning of section 12022.7, subdivision (e). At the time of his guilty
plea, the trial court advised Meloan that, given his plea, Meloan could be sentenced to a
maximum of nine years in prison; the trial court was under no obligation to impose a
lesser sentence; and the prosecutor was not obligated to seek a lesser sentence.
After considering the probation report, the trial court imposed the midterm of three
years imprisonment on the assault conviction and the midterm of four years on the bodily
injury enhancement for a total sentence of seven years. The trial court relied on the
serious nature of the injuries Diot suffered and Meloan's failure to take responsibility for
his conduct either at the time of the crime or in his interview with the probation officer.
The trial court stated that but for the intervention of Diot's sister and prompt medical
intervention, Meloan would have been charged with murder. Following imposition of his
sentence, Meloan filed a notice of appeal based on matters that occurred after he pled
guilty and did not affect the validity of his appeal. (Cal. Rules of Court, rule 8.304(b).)
DISCUSSION
As we have indicated, appointed appellate counsel has filed a brief summarizing
the facts and proceedings in the trial court. Counsel has presented no argument for
reversal and has invited this court to review the record for error in accordance with
1 All further statutory references are to the Penal Code.
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Wende, supra, 25 Cal.3d 436. As we have also indicated, we gave Meloan leave to file a
personal brief and he has done so.
In his brief, Meloan criticizes the trial court's reference to the potential Diot's
injuries may have been fatal and he might have been charged with murder. Meloan also
argues that Diot provoked him and that, although he threw Diot to the floor, the force
with which she hit the floor was unexpected. Meloan also concedes that he left the
premises after throwing Diot to the floor. In addition, Meloan's brief states his trial
counsel told him that the prosecutor only wanted a sentence of four to five years but that
the prosecutor wanted to see a probation report. None of the contentions in Meloan's
brief sets forth an arguable appellate issue.
A review of the record pursuant to Wende, supra, 25 Cal.3d 436, and Anders,
supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Meloan has
been represented by competent counsel on this appeal.
DISPOSITION
The judgment is affirmed.
BENKE, Acting P. J.
WE CONCUR:
NARES, J.
McINTYRE, J.
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