(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 the opening brief. Defendant appeals without a certificate of probable cause.Īppointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. The court also found defendant in violation of his probation in an unrelated matter and terminated his probation accordingly. The trial court subsequently sentenced defendant to the middle term of two years in state prison for making criminal threats and a concurrent one-year term on the burglary charge. The remaining charges were dismissed with a Harvey waiver. The People subsequently agreed to reduce the vehicle burglary charge to a misdemeanor defendant pleaded no contest to the misdemeanor burglary charge along with a charge of making criminal threats. The People charged defendant with two felonies and two misdemeanors, including a felony charge for second degree burglary of a vehicle. The officer believed Bruce to be genuinely afraid of defendant. When law enforcement arrived, Bruce told them this was not the first time he had issues with defendant, whom he believed had a drinking problem. Defendant then attempted to climb the fence separating him from Bruce. Defendant threw logs at Bruce: one log hit Bruce in the ribs and another hit Bruce’s car, breaking a window. Defendant asked Bruce if he wanted defendant to kill him. On December 4, 2018, defendant confronted his neighbor, Bruce J., and told Bruce he could kill him. Defendant was under the influence of alcohol he was detained by Austin and others until law enforcement arrived. Several items belonging to Austin were on the ground near his vehicle. Defendant was holding a wallet that belonged to Austin’s wife. Austin went to his car and saw the rear window was broken defendant was standing about 10 feet away. was in a park when he heard his car alarm sounding off. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIAĪppointed counsel for defendant Edward Eric Everett asked this court to review the record and determine whether there are any arguable issues on appeal. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. 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).

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