Filed 1/27/20 P. v. Bauer 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL RAYMOND BAUER,

Defendant and Appellant.

D075527

(Super. Ct. Nos. SCE373953, SCD275298, SCE382355)

APPEAL from a judgment of the Superior Court of San Diego County, Daniel G. Lamborn, Judge. Affirmed.

Appellate Defender’s Inc. and Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Michael Raymond Bauer, representing himself, entered into a plea agreement which resolved three criminal cases pending against him. He thereafter filed multiple motions to withdraw his guilty pleas, which were denied by the trial court.

In case No. SCE373953, Bauer pleaded guilty to attempted lewd acts on a child (Pen. Code, §§ 664/288) and admitted a strike prior (§ 667, subds. (b)-(i)) and a serious felony prior conviction (§ 667, subd. (a)(1)).

In case No. SCE382355, Bauer pleaded guilty to battery by gassing (§ 243.9) and resisting an officer by force (§ 69). He also pleaded guilty to battery by gassing (§ 243.9) in case No. SCD275298.

The parties stipulated to a total term of 15 years in prison. Bauer filed motions to withdraw his guilty pleas. The court denied the motions to withdraw the guilty pleas. Bauer was sentenced to the 15-year term as agreed in the plea bargain. The court imposed various fees and fines, but later stayed them pending a hearing on Bauer’s ability to pay.

Bauer filed a timely notice of appeal and requested a certificate of probable cause, which was denied.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating she has not been able to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Bauer the opportunity to file his own brief on appeal, but he has not responded.

STATEMENT OF FACTS

On August 31, 2016, Bauer “willfully attempted to commit a lewd and lascivious act on a minor under the age of 14 years with sexual intent, while on parole for committing a serious or violent felony.”

On January 14, 2018, Bauer “while confined in a local detention facility did unlawfully commit a battery by gassing . . . the person of a peace officer.”

On June 25, 2018, Bauer “unlawfully resisted an executive officer with force and violence and unlawfully committed a battery by gassing by spitting on the face of another officer while confined in a local detention facility.”

DISCUSSION

As we have noted, appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436. Counsel has requested this court to review the record for error. To assist this court in its review of the record and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following issue she considered in evaluating the merits of this appeal: Was Bauer sentenced in accordance with the plea agreement.

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 Bauer on this appeal.

DISPOSITION

The judgment is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

IRION, J.

GUERRERO, J.