NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

THE COURT*

Appellant Shawn Arlin Donley pled no contest to elder abuse (Pen. Code, § 368, subd. (b)(1))1 and admitted allegations that he had a prior conviction within the meaning of the "Three Strikes" law (§ 667, subds. (b)-(i).) Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On December 26, 2016, in Coarsegold, Donley's mother, Linda Havelaar, complained she was in pain and Don Fasold, age 79, called 911 for an ambulance. After the ambulance arrived at the residence and medical personnel began to triage Donley's mother, Donley came out of his room and started yelling and cursing and saying that Havelaar did not need an ambulance and that he, not Fasold, was supposed to be taking care of her. When Fasold told Donley to be quiet, Donley pushed Fasold, causing him to fall over a chair and cut the top of one of his hands and to experience pain in his right arm. Later that day, Madera County Sheriff Deputies arrested Donley.

On December 28, 2016, the Madera County District Attorney filed a complaint charging Donley with elder abuse, five prior prison term enhancements, and with having a prior conviction within the meaning of the Three Strikes law.

On January 12, 2017, the district attorney served Donley and his counsel with a first amended complaint that added a second charge that is not identified in the record.2 Donley subsequently entered his plea as noted above in exchange for the dismissal of the remaining count and enhancements and a stipulated term of four years. Donley also waived his right to appeal his conviction.

On January 24, 2017, Donley mailed a written Marsden3 motion to the Madera County Superior Court which he purported to calendar for the same day. On February 3, 2017, the court mailed the motion back to Donley.

On February 9, 2017, the public defender's office, which had been representing Donley, declared a conflict and the court appointed substitute counsel to represent Donley. Additionally, substitute counsel informed the court that Donley wanted to withdraw his plea.

On March 9, 2017, after the court denied Donley's request to be released on his own recognizance, it granted the defense's request for a continuance to file a motion to withdraw plea. The court also inquired about the Marsden motion and stated that the motion to withdraw plea would be heard first.

On April 11, 2017, after the court denied Donley's request to be released on a Cruz4 waiver, substitute counsel informed the court that she would not be filing a motion to withdraw plea on Donley's behalf. The court then relieved substitute counsel and reappointed the public defender to represent Donley. Additionally, the court asked Donley if he still wanted a Marsden hearing and Donley responded that he did not. The court then sentenced Donley, in accord with his plea agreement, to a four-year prison term, the mitigated term of two years, doubled to four years because of Donley's prior strike conviction.

On May 12, 2017, Donley filed a timely appeal. On May 18, 2017, the trial court granted Donley's request for a certificate of probable cause.

Donley's appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (Wende, supra, 25 Cal.3d 436.) Donley has not responded to this court's invitation to submit additional briefing.

Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.