gno.law

People v. Gonzalez CA4/1

California Court of Appeal · D085003 · 2026-01-20 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of San Diego County · No. SCD303611
Trial judge
Dwayne K. Moring
Outcome
affirmed — Affirmed.
Area
criminal
Panel
Truc T. Do (author), Buchanan

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T03:32Z · confidence low

The trial court denied the defendant's motions to withdraw his guilty plea and remove appointed counsel, subsequently sentencing him in accordance with the plea agreement. The Court of Appeal affirmed the judgment after an independent review of the record under People v. Wende found no arguable issues for reversal.

Ruling reviewedStandardThe courtThe model
Denial of motion to withdraw guilty plea
“Whether the court abused its discretion in denying Gonzalez’s motions to withdraw his guilty plea and remove appointed counsel.”
abuse of discretionnot reachedunsure
The court identified the issue as a potential ground for appeal but concluded after independent review that no arguable issues for reversal existed, effectively finding no abuse of discretion without detailed analysis.
Denial of Marsden motion to remove appointed counsel
“Whether the court abused its discretion in denying Gonzalez’s motions to withdraw his guilty plea and remove appointed counsel.”
abuse of discretionnot reachedunsure
The court listed the denial of the Marsden motion as a possible issue but ultimately found no arguable issues for reversal on independent review.

Authorities

  • relied: People v. Wende (1979) 25 Cal.3d 436 — Requires independent review of the record by the appellate court when appointed counsel files a brief stating no arguable issues exist.
  • relied: Anders v. California (1967) 386 U.S. 738 — Requires counsel to identify arguable issues and the court to independently review the record when counsel believes the appeal is frivolous.
  • relied: People v. Marsden (1970) 2 Cal.3d 118 — Establishes the standard for evaluating a defendant's request to replace appointed counsel.

The appellate opinion: sound with gaps — The opinion is procedurally sound as it correctly applies the Wende/Anders framework for independent review in a guilty plea case. However, it is extremely brief and provides no substantive analysis of the specific legal standards for withdrawing a plea or removing counsel, relying solely on the conclusion that no arguable issues were found.

How this analysis was made · dispute it

unusual disposition unusual disposition

A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:00Z · confidence low

The trial court accepted Gonzalez's guilty plea to vehicle taking (Veh. Code, § 10851) and DUI (Veh. Code, § 23152, subd. (f)) with a stipulated split sentence, denied his motion to withdraw the plea and his Marsden motion after a hearing, and sentenced him per the agreement. On appeal, counsel filed a Wende brief, Gonzalez filed nothing, and the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.

Ruling reviewedStandardThe courtThe model
Denial of motion to withdraw guilty plea
“Whether the court abused its discretion in denying Gonzalez’s motions to withdraw his guilty plea and remove appointed counsel.”
abuse of discretioncorrectunsure
The opinion identifies abuse of discretion as the governing standard but gives no account of the grounds for the withdrawal motion or the trial court's reasons; it simply reports that independent Wende review disclosed no arguable issue. Without any record detail I cannot verify the conclusion, so I cannot agree or disagree.
Denial of Marsden motion to replace appointed counsel
“The court held a hearing and denied Gonzalez’s request.”
abuse of discretioncorrectunsure
A Marsden hearing was held, which satisfies the procedural requirement of People v. Marsden, but the opinion does not describe the complaints raised or the court's findings. The affirmance rests solely on the court's statement that its independent review found nothing arguable; the opinion supplies no facts from which to assess that.

Authorities

  • relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed appellate counsel finds no arguable issues, the Court of Appeal must independently review the entire record for arguable error.
  • relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal frivolous must so advise the court and refer to anything in the record that might arguably support the appeal.
  • relied: People v. Marsden (1970) 2 Cal.3d 118 — A defendant seeking substitution of appointed counsel must be given a hearing to state the reasons for the request.
  • missed: People v. Kelly (2006) 40 Cal.4th 106 — A Wende opinion should briefly describe the facts and procedural history, the crimes of conviction, the punishment imposed, and any contentions raised by the defendant, so the record of independent review is apparent; here the court expressly declined to include a statement of facts regarding the offenses.

The appellate opinion: sound with gaps — The court applied the correct Wende/Anders procedure: counsel filed a no-issue brief identifying a possible issue, the defendant was invited to file a supplemental brief, and the court conducted independent review. However, the opinion expressly omits any statement of the offense facts and gives no description of the basis for the withdrawal and Marsden motions, which falls short of the descriptive content People v. Kelly contemplates and leaves the independent-review conclusion unverifiable from the opinion itself.

How this analysis was made · dispute it

record incomplete

Opinion

Filed 1/20/26 P. v. Gonzalez 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, D085003

Plaintiff and Respondent, v. (Super. Ct. No. SCD303611)

EMMANUEL GONZALEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Dwayne K. Moring, Judge. Affirmed. Michelle T. LiVecchi-Raufi, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. This appeal is from a judgment based on a guilty plea with a stipulated sentence and is governed by People v. Wende (1979) 25 Cal.3d 436 (Wende). Emmanuel Gonzalez entered into a plea agreement in which he pleaded guilty to one count of unlawful taking and driving a vehicle (Veh. Code, § 10851, subd. (a)) and one count of driving under the influence (Veh. Code, § 23152, subd. (f)). The parties agreed Gonzalez would receive a split sentence of 18 months in local custody and 18 months in mandatory supervision. Gonzalez sought to withdraw his guilty plea and requested a hearing on his request to replace appointed counsel (People v. Marsden (1970) 2 Cal.3d 118). The court held a hearing and denied Gonzalez’s request. The court sentenced Gonzalez in accordance with the plea agreement. Gonzalez filed a timely notice of appeal and received a certificate of probable cause. Appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436, indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to independently review the record for error as mandated by Wende. We offered Gonzalez the opportunity to file his own brief on appeal, but he has not responded. This appeal is from a guilty plea with a stipulated sentence. We will not include a statement of facts regarding the offenses in this opinion. DISCUSSION As we have noted, appellate counsel has filed a Wende brief and asks the court to independently review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738, counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: Whether the court abused its discretion in denying Gonzalez’s motions to withdraw his guilty plea and remove appointed counsel. We have independently reviewed the record for error as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Gonzalez on this appeal.

2 DISPOSITION The judgment is affirmed.

HUFFMAN, J.* WE CONCUR:

DO, Acting P. J.

BUCHANAN, J.

* Retired Associate Justice of the Court of Appeal, Fourth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. 3

Cites, in this corpus