People v. Rojas CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. SCS266765
- Trial judge
- Gary G. Haehnle
- Outcome
- affirmed — Affirmed.
- Area
- criminal
- Panel
- Richard D. Huffman, Sr. (author), Cynthia Aaron, Joan K. Irion
Analysis
The trial court accepted Rojas's guilty plea to assault with a deadly weapon and gang enhancement, sentenced him to eight years, and denied his request for a certificate of probable cause. The Court of Appeal affirmed the judgment after an independent review of the record found no reasonably arguable issues for reversal.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Denial of certificate of probable cause“The trial court denied the certificate.” | unclear | not reached | agree with court agree with court |
Validity of guilty plea“We have reviewed the entire record with particular focus on the process surrounding the guilty plea. We have not discovered any reasonably arguable issues for reversal on appeal.” | de novo | not reached | agree with court agree with court |
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 reasonably arguable issues are identified.
- relied: Anders v. California (1967) 384 U.S. 738 — Requires counsel to file a brief identifying any possible, though not reasonably arguable, issues and to request the court's independent review.
The appellate opinion: sound — sound
How this analysis was made · dispute it
unusual dispositionThe trial court accepted Rojas's guilty plea to assault with a deadly weapon with a gang enhancement, imposed the stipulated eight-year prison term, and denied his request for a certificate of probable cause. On appeal, counsel filed a Wende/Anders brief, Rojas filed no supplemental brief, and the Court of Appeal independently reviewed the record, found no arguable issue, and affirmed.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Acceptance of the guilty plea and gang-enhancement admission and imposition of the stipulated eight-year sentence (judgment of conviction)“We have reviewed the entire record with particular focus on the process surrounding the guilty plea. We have not discovered any reasonably arguable issues for reversal on appeal.” | de novo | correct | agree with court Under Wende and Anders the appellate court conducts an independent review of the whole record when appointed counsel finds no arguable issue. The opinion recites that it did so, with focus on the plea, and found nothing; the stipulated sentence was imposed as bargained. Nothing in the opinion suggests any defect, and the defendant declined to file his own brief. The opinion does recite very few facts, so agreement rests on the court's representation of its review. |
Denial of the request for a certificate of probable cause“The trial court denied the certificate.” | unclear | not reached | agree with court The opinion notes the denial but does not review it. Without a certificate under Penal Code section 1237.5, challenges to the validity of the plea itself are not cognizable, so the one issue counsel flagged (constitutional validity of the plea) was likely not reviewable in any event. The court's silence on this point does not affect the result because the judgment was affirmed. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed appellate counsel finds no arguable issue, the Court of Appeal must independently review the entire record for arguable error.
- relied: Anders v. California (1967) 384 U.S. 738 — Appointed counsel who finds an appeal frivolous must so advise the court and identify anything in the record that might arguably support the appeal.
- missed: People v. Mendez (1999) 19 Cal.4th 1084 — Absent a certificate of probable cause under Penal Code section 1237.5, an appeal from a guilty plea cannot raise issues going to the validity of the plea; the requirement is applied strictly.
- missed: People v. Kelly (2006) 40 Cal.4th 106 — In a Wende appeal the Court of Appeal's opinion should briefly describe the crimes, the procedural history, the punishment, and the issues counsel or the defendant raised, and state that it reviewed the record.
The appellate opinion: sound with gaps — The opinion correctly applies Wende and Anders, states that it independently reviewed the record, and affirms a judgment entered on a stipulated sentence with no apparent defect. It is sparse: it does not explain that the sole issue counsel identified (plea validity) was not cognizable without a certificate of probable cause, and it provides almost no factual or procedural detail beyond the plea and sentence.
How this analysis was made · dispute it
record incompleteOpinion
Filed 9/19/14 P. v. Rojas 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, D065792
Plaintiff and Respondent, v. (Super. Ct. No. SCS266765)
IRVIN S. ROJAS, Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Gary G.
Haehnle, Judge. Affirmed.
Patrick E. DuNah and Leslie A. Rose, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Irvin S. Rojas entered a guilty plea to one count of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1)) and admitted the offense was committed for the benefit 1 All further statutory references are to the Penal Code unless otherwise specified. of a criminal street gang (§ 186.22, subd. (b)(1)). The plea was entered in exchange for a stipulated sentence of eight years in prison.
The court sentenced Rojas in accordance with the plea agreement. Rojas filed a timely notice of appeal and requested a certificate of probable cause. The trial court denied the certificate.
Appellate counsel has filed a brief pursuant to People v. Wende (1979)
25 Cal.3d 436 (Wende) and Anders v. California (1967) 384 U.S. 738 (Anders)
requesting this court review the record for error. We offered Rojas the opportunity to file his own brief on appeal but he has not responded.
STATEMENT OF FACTS
The plea to assault with a deadly weapon and the admission of the gang enhancement was based on the testimony contained in the transcript of the preliminary hearing.
DISCUSSION
As we have noted, appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436 indicating he has been unable to identify any reasonably arguable issue for reversal on appeal. Counsel asks this court to review the record for error as required by Wende. Pursuant to Anders, supra, 384 U.S. 738, counsel has identified the following possible, but not reasonably arguable issue:
Was the defendant's guilty plea constitutionally valid?
2 We have reviewed the entire record with particular focus on the process surrounding the guilty plea. We have not discovered any reasonably arguable issues for reversal on appeal. Competent counsel has represented Rojas on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
AARON, J.
IRION, J.
Cites, in this corpus
- People v. Wende Crim. 20851 · 1979-10-12