P. v.Bechtel CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. SCD249712
- Trial judge
- Laura W. Halgren
- Outcome
- affirmed — Affirmed.
- Area
- criminal
- Panel
- Patricia D. Benke (author), O'Rourke, Joan K. Irion
Analysis
The trial court accepted a negotiated guilty plea from the defendant for possession of methamphetamine and imposed a sentence of three years' formal probation with 28 days in custody. The Court of Appeal affirmed the judgment after an independent review of the record found no reasonably arguable issues of error.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Affirmance of the judgment following a Wende/Anders review“A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issue.” | de novo | not reached | agree with court The court applied the standard Wende/Anders review to determine if the record contained any reasonably arguable issues. It concluded that no such issues existed, thereby affirming the lower court's judgment. This is the standard procedural outcome for an appeal where appointed counsel identifies no arguable errors and the defendant does not file a supplemental brief. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appointed appellate counsel to conduct an independent review of the record for error when no arguable issues are presented.
- relied: Anders v. California (1967) 386 U.S. 738 — Establishes the procedure for appointed counsel to withdraw from an appeal by filing a brief identifying any potential issues and requesting court review.
The appellate opinion: sound — The opinion is procedurally sound as it correctly follows the Wende/Anders protocol for handling appeals where counsel finds no arguable issues. It accurately states that the court's independent review disclosed no error, which is the required standard for affirmance in such cases.
How this analysis was made · dispute it
unusual dispositionThe trial court accepted Bechtel's negotiated guilty plea to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), suspended imposition of sentence, and placed him on three years of formal probation with 28 days in custody (credit for time served), 80 hours of volunteer work, and narcotics-offender registration. On appeal, appointed counsel filed a Wende brief identifying only a possible sentencing issue; the Court of Appeal independently reviewed the record, found no arguable issue, and affirmed.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Judgment of conviction on guilty plea and grant of formal probation with custody, volunteer work, and narcotics-registration conditions (reviewed under Wende/Anders independent record review for any arguable issue, including whether sentencing rights were violated)“A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issue.” | unclear | correct | agree with court In a Wende appeal the court conducts an independent review of the entire record rather than applying a conventional standard of review to a contested ruling. The opinion recites the plea, the suspended sentence, probation terms, and credit for time served, and nothing in the recited facts suggests an unlawful sentence or an unauthorized probation condition. Without a certificate of probable cause, challenges to the plea's validity would not be cognizable in any event. The opinion followed the Wende procedure (counsel's brief, notice to defendant, independent review) and its conclusion is consistent with the sparse record described. |
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 to determine whether any arguable issue exists before affirming.
- relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal wholly frivolous may so advise the court and request to withdraw, but must file a brief referring to anything in the record that might arguably support the appeal.
The appellate opinion: sound — The opinion correctly applies the Wende/Anders procedure: counsel filed a no-issue brief flagging a possible sentencing issue, the defendant was given an opportunity to file a supplemental brief and did not, and the court independently reviewed the record and found no arguable issue. The opinion is brief and does not explain its review of the flagged sentencing issue, but nothing in the recited plea and probation terms suggests any error, so the affirmance is defensible.
Opinion
Filed 4/8/14 P. v.Bechtel 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, D064725
Plaintiff and Respondent, v. (Super. Ct. No. SCD249712)
DANNY LEE BECHTEL,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Laura W.
Halgren, Judge. Affirmed.
Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
A felony complaint alleged that on or about July 24, 2013, defendant and appellant Danny Lee Bechtel was in possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a). On August 6, 2013, pursuant to a negotiated plea agreement, Bechtel pled guilty and admitted he unlawfully possessed a usuable amount of methamphetamine. Imposition of sentence was suspended for three years, and Bechtel was placed on formal probation; Bechtel was also ordered to serve 28 days in custody, with credit for time served. In addition, Bechtel was required to complete 80 hours of volunteer work and register as a narcotics offender. Bechtel filed a timely notice of appeal. We affirm.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436.
Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists as a possible, but not arguable, issue: whether Bechtel's rights at sentencing were violated.
We gave Bechtel permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issue. Bechtel has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
BENKE, Acting P. J. WE CONCUR:
O'ROURKE, J.
IRION, J.
Cites, in this corpus
- People v. Wende Crim. 20851 · 1979-10-12