People v. Hijazi CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of Imperial County · No. JCF008292
- Trial judge
- Monica Lepe-Negrete
- Outcome
- affirmed — Affirmed.
- Area
- delinquency
- Panel
- O'Rourke (author), William S. Dato
Analysis
The trial court accepted a no-contest plea to submitting false claims, suspended a two-year prison sentence, and imposed probation with drug terms, fines, fees, and stipulated restitution. 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 reviewed | Standard | The court | The model |
|---|---|---|---|
Acceptance of no-contest plea and imposition of sentence (probation, drug terms, fines/fees, restitution)“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.” | unclear | not reached | unsure The opinion is a standard Wende/Anders review where the court states it found no arguable issues but does not provide specific reasoning or apply a specific standard of review to the individual issues identified by counsel (plea voluntariness, drug terms, fines/fees, restitution). |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — Mandates 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 appointed counsel to file a brief identifying potentially meritorious issues and the court to independently review the record.
The appellate opinion: sound with gaps — The opinion is procedurally sound as it follows the required Wende/Anders protocol for indigent appeals where counsel finds no issues. However, it provides no substantive legal analysis or specific reasoning for why the identified issues (such as the propriety of drug terms or the waiver of fines) were not arguable, relying solely on the negative conclusion of the independent review.
How this analysis was made · dispute it
unusual disposition unusual dispositionHijazi pleaded no contest to one count of submitting false claims (Welf. & Inst. Code, § 14107, subd. (b)(4)(A)), was sentenced to two years in prison with execution suspended, placed on two years of probation, and ordered to pay stipulated restitution of $20,751.13. On appeal, appointed counsel filed a Wende brief; the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed the judgment.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Entry of judgment on the no contest plea (acceptance of the plea with stipulated factual basis, two-year suspended sentence, and two-year probation term) — reviewed under Wende/Anders independent review“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.” | unclear | correct | agree with court The court followed the Wende/Anders procedure: counsel identified possible issues (voluntariness of the plea, drug conditions, fines and fees, stipulated restitution), the defendant was given the chance to file his own brief and did not, and the court independently reviewed the record. Nothing in the opinion suggests any error, and a stipulated factual basis plus stipulated restitution leave little to challenge. The opinion does not state whether a certificate of probable cause was obtained, which would be needed to reach the plea-validity issue, but that omission does not undermine the affirmance. |
Imposition of drug probation conditions, fines and fees, and restitution in the stipulated amount of $20,751.13 — considered as possible issues within the Wende review“The parties stipulated to restitution in the amount of $20,751.13.” | unclear | correct | agree with court Counsel flagged these as potential issues under Anders, and the court found none arguable after independent review. Because restitution was stipulated and the opinion recites no facts suggesting the fines or conditions were improper, the result is defensible, though the opinion gives no reasoning on any of the four identified issues and no statement of facts, so the reader cannot verify the court's conclusions. |
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 error before affirming.
- relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal frivolous must file a brief referring to anything in the record that might arguably support the appeal, and the court must then examine the record itself.
- missed: People v. Kelly (2006) 40 Cal.4th 106 — In disposing of a Wende appeal the Court of Appeal should issue a written opinion that briefly describes the facts and procedural history, the crimes of conviction, the punishment imposed, and the issues counsel identified, and states that the court reviewed the record and found no arguable issues; the opinion here expressly declines to include a statement of facts.
The appellate opinion: sound with gaps — The opinion correctly applies the Wende/Anders framework and reaches a defensible result on a no contest plea with stipulated factual basis and stipulated restitution. It expressly omits any statement of facts, which Kelly directs should be briefly included, and does not address whether a certificate of probable cause was obtained, which bears on whether the plea-validity issue was even cognizable.
How this analysis was made · dispute it
record incompleteOpinion
Filed 4/22/26 P. v. Hijazi 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, D086075
Plaintiff and Respondent, v. (Super. Ct. No. JCF008292)
NOORALDEEN HIJAZI,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of Imperial County, Monica Lepe-Negrete, Judge. Affirmed. Robert L. Hernandez, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Nooraldeen Hijazi pleaded no contest to one count of submitting false claims (Welf. & Inst. Code, § 14107, subd. (b)(4)(A)). The remaining counts were dismissed. The parties stipulated there was a factual basis for the plea. Hijazi was sentenced to prison for two years with execution of sentence suspended. Hijazi was placed on probation for two years subject to various terms and conditions. The parties stipulated to restitution in the amount of $20,751.13. Hijazi filed a timely notice of appeal. Appellate counsel has filed a brief under the authority of People v Wende (1979) 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 Hijazi the opportunity to file his own brief on appeal, but he has not responded. This appeal is from a plea of no contest with a stipulation to a factual basis. We will not include a statement of facts 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 the following possible issues that were considered in evaluating the potential merits of this appeal. 1. Whether Hijazi’s no contest plea was knowing and voluntary. 2. Whether the imposition of drug terms was proper. 3. Whether the court erred in declining to stay or waive fines and fees. 4. Whether the court erred by imposing restitution in the stipulated amount. 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 appellant in this appeal.
2 DISPOSITION The judgment is affirmed.
HUFFMAN, J.* WE CONCUR:
O’ROURKE, Acting P. J.
DATO, 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
- People v. Wende Crim. 20851 · 1979-10-12