People v. Sanders CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. SCD2500067
- Trial judge
- Laura W. Halgren
- Outcome
- affirmed — Affirmed.
- Area
- criminal
- Panel
- Judith L. Haller (author), O'Rourke, Cynthia Aaron
Analysis
The trial court accepted Sanders' negotiated guilty plea to possession of heroin and imposed a stipulated 16-month lower term sentence. The Court of Appeal affirmed the judgment after an independent review of the record found no reasonably arguable appellate issues.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Affirmance of the judgment following a Wende/Anders review“A review of the record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738 including the possible issue listed pursuant to Anders, has disclosed no reasonably arguable appellate issues.” | de novo | not reached | agree with court The court applied the standard Wende/Anders review to determine if any reasonably arguable issues existed in the record. The court found none and affirmed the judgment. The reasoning is procedurally correct for this type of appeal. |
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 issues are presented.
- relied: Anders v. California (1967) 386 U.S. 738 — Establishes the procedure for appointed counsel to file a brief identifying potential issues while arguing they are frivolous.
The appellate opinion: sound — The opinion correctly follows the established Wende/Anders procedure for reviewing a criminal appeal where counsel presents no arguments. The court explicitly states it reviewed the record and the specific issue flagged by counsel (sentencing per plea agreement) and found no error.
How this analysis was made · dispute it
unusual dispositionThe trial court accepted Sanders's negotiated guilty plea to possessing heroin (Health & Saf. Code, § 11350, subd. (a)) and imposed the stipulated 16-month lower term to be served in local custody. On appeal, appointed counsel filed a Wende brief identifying only a possible issue of whether the sentence conformed to the plea agreement; the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Imposition of the stipulated 16-month lower term sentence in local custody pursuant to the negotiated plea agreement“The court imposed a stipulated 16-month lower term sentence, to be served in local custody.” | unclear | correct | agree with court The opinion conducts an independent Wende/Anders review and states that the record, including the possible issue of whether the sentence conformed to the plea agreement, discloses no reasonably arguable issue. The opinion recites that the sentence was stipulated and was the lower term, which is consistent with the plea; nothing in the opinion suggests a departure from the bargain. The record quoted is thin, but there is no basis to question the court's conclusion. |
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 wholly frivolous may so advise the court and refer to anything in the record that might arguably support the appeal, after which the court independently examines the record.
The appellate opinion: sound — The opinion follows the standard 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 result is defensible and the procedure correct, though the opinion is so brief that it does not explain why the sentence conformed to the plea agreement beyond noting the term was stipulated.
Opinion
Filed 7/29/14 P. v. Sanders 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, D064934
Plaintiff and Respondent, v. (Super. Ct. No. SCD2500067)
ERIC JAMES SANDERS,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Laura W.
Halgren, Judge. Affirmed.
Jill M. Klein, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Eric James Sanders entered a negotiated guilty plea to possessing heroin (Health & Saf. Code, § 11350, subd. (a)). The court imposed a stipulated 16-month lower term sentence, to be served in local custody. Sanders appeals. We affirm. BACKGROUND Sanders possessed a usable amount of heroin for personal use.
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 (Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel mentions as a possible, but not arguable, issue whether Sanders was sentenced in accordance with the plea agreement.
We granted Sanders permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738 including the possible issue listed pursuant to Anders, has disclosed no reasonably arguable appellate issues. Sanders has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
2 HALLER, Acting P. J.
WE CONCUR:
O'ROURKE, J.
AARON, J.
Cites, in this corpus
- People v. Wende Crim. 20851 · 1979-10-12