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The People v. Scott John Ronald Ross

July 1, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
SCOTT JOHN RONALD ROSS, DEFENDANT AND APPELLANT.



Super. Ct. No. 62-099370

The opinion of the court was delivered by: Butz , J.

P. v. Ross CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Scott John Ronald Ross entered a plea of no contest to corporal injury to a spouse and admitted a strike and prior prison term. The trial court sentenced him to a stipulated seven-year state prison term.

Defendant's ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance with the latter, we provide a summary of the offense and the proceedings in the trial court.

Around June 14, 2010, defendant got into an argument with his wife over her threat to divorce him. Defendant told his wife that he would kill her before he let her take their child away, and she should consider this to be a contract on her life. Defendant then punched her in the ribs and, as she fell down, he punched her in the back of the head. The couple's 15-year-old son witnessed the incident and called 911.

Defendant was charged with corporal injury to a spouse (Pen. Code, § 273.5, subd. (a)),*fn1 criminal threats (§ 422), and two counts of misdemeanor child abuse (§ 273a, subd. (b)), along with two strike allegations (§§ 667, subds. (b)-(i), 1170.12), and a prior prison term allegation (§ 667.5, subd. (b)).

After the trial court denied defendant's Marsden*fn2 motion, defendant pleaded no contest to corporal injury to a spouse and admitted a strike and a prior prison term. Defendant made a second Marsden motion almost two weeks after his plea, which the trial court heard and denied.

After defendant filed a motion to withdraw his plea, the trial court appointed new counsel for the purpose of investigating the motion. Substitute counsel informed the trial court that the motion was without merit and suggested the court hold another Marsden proceeding pursuant to People v. Eastman (2007) 146 Cal.App.4th 688, 696-697. After hearing defendant's third Marsden motion, the trial court denied the Marsden motion and defendant's motion to withdraw the plea.

The trial court then imposed a stipulated seven-year state prison term, ordered various fines and fees, and awarded 192 days of presentence credit (128 actual and 64 conduct). The trial court later amended the presentence credits to 193 days, consisting of 129 days of actual and 64 days of conduct credit.

Defendant appeals. He obtained a certificate of probable cause. (§ 1237.5, subd. (a).)

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.

Defendant filed a supplemental brief asserting ineffective assistance of trial and substitute counsel, and assorted errors ...


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