People v. Sanders CA4/1

California Court of Appeal · D064775 · 2015-03-24 · Unpublished

Proceeding: appeal from a judgment
Trial court: Superior Court of San Diego County · No. SCD216604
Trial judge: Robert F. O'Neill
Outcome: affirmed — Affirmed.
Area: criminal
Panel: McINTYRE (author), Gilbert Nares, Cynthia Aaron

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T06:20Z · confidence high

The trial court accepted Sanders's negotiated guilty pleas and imposed a 25-year sentence pursuant to a stipulation that included a waiver of the right to appeal. The Court of Appeal affirmed the judgment, finding no reasonably arguable issues on its independent review and noting that Sanders had waived his right to appeal the sentence.

Ruling reviewed	Standard	The court	The model
Validity of the guilty plea and waiver of appellate rights “The absence of a certificate of probable cause prevents Sanders from challenging the validity of his guilty plea. (§ 1237.5; People v. Mendez (1999) 19 Cal.4th 1084, 1095.)”	de novo	correct	agree with court The court correctly applied the statutory bar in Penal Code section 1237.5, which prohibits a defendant from challenging the validity of a guilty plea on appeal without a certificate of probable cause. The court also correctly noted that the defendant had waived his right to appeal the sentence as part of the plea bargain, which is generally enforceable if knowing and voluntary.
Independent review of the record for error (Wende/Anders review) “A review of the record pursuant to Wende and Anders, including the possible issue listed pursuant to Anders, has disclosed no reasonably arguable appellate issues.”	de novo	correct	agree with court The court performed the required independent review of the record as mandated by People v. Wende and Anders v. California. It found no reasonably arguable issues, including the pro se arguments regarding the denial of a continuance and the alleged deviation from the plea bargain, which were barred by the waiver or lacked merit.

Authorities

relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appointed appellate counsel to conduct an independent review of the record to identify any reasonably arguable issues when no issues are presented in the brief.
relied: Anders v. California (1967) 386 U.S. 738 — Requires counsel to file a brief identifying any arguable issues, even if none are found, and to request the court to review the record independently.
relied: People v. Maultsby (2012) 53 Cal.4th 296 — A guilty plea admits every element of the offense charged and is a conclusive admission of guilt.
relied: People v. Mendez (1999) 19 Cal.4th 1084 — A defendant may not challenge the validity of a guilty plea on appeal without a certificate of probable cause issued by the trial court.

The appellate opinion: sound — The opinion is procedurally sound, correctly applying the Wende/Anders framework and the statutory bar on challenging guilty pleas without a certificate of probable cause. It properly addresses the pro se arguments by noting the waiver of appeal rights and the lack of reasonably arguable issues.

How this analysis was made · dispute it

unusual disposition

A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:31Z · confidence low

The trial court accepted Sanders's negotiated guilty pleas to four counts of assault with a deadly weapon and, under a later global plea bargain with a stipulated 25-year term and appellate waiver, sentenced him to 25 years in prison. On a Wende appeal, the Court of Appeal rejected Sanders's two pro se claims as barred by his guilty plea, the lack of a certificate of probable cause, and his appellate waiver, found no arguable issues, and affirmed.

Ruling reviewed	Standard	The court	The model
Denial of defense counsel's request for a continuance to prepare for trial, which Sanders claims prevented him from presenting a defense “"A guilty plea admits every element of the offense charged and is a conclusive admission of guilt." (People v. Maultsby (2012) 53 Cal.4th 296, 302.)”	unclear	not reached	agree with court The court treated the continuance claim as foreclosed by the guilty plea, which admits guilt and waives pretrial irregularities not going to the court's jurisdiction or the legality of the proceedings; without a certificate of probable cause under section 1237.5 the claim cannot be reached. This is a correct application of Maultsby and Mendez.
Imposition of the 25-year stipulated sentence, which Sanders claims departed from an April 2013 bargain calling for a concurrent four-year term “The absence of a certificate of probable cause prevents Sanders from challenging the validity of his guilty plea. (§ 1237.5; People v. Mendez (1999) 19 Cal.4th 1084, 1095.)”	unclear	not reached	agree with court The court held the sentencing claim barred by the lack of a certificate of probable cause and by the appellate waiver covering any stipulated sentence. The result is defensible because the June 2013 global bargain stipulated to 25 years, but the court did not expressly explain that the later bargain superseded the April terms, nor did it cite Panizzon, which squarely holds that attacking a negotiated stipulated sentence attacks the plea itself and requires a certificate.
Acceptance of Sanders's waiver of appellate rights as knowing, intelligent and voluntary “Then, in June 2013, Sanders waived his right to appeal in Court of Appeal No. D064743, and the record shows the waiver was knowing, intelligent and voluntary.”	unclear	correct	unsure The court, after taking judicial notice of the companion record, found the waiver valid, but the opinion recites no details of the plea colloquy or written waiver form, so the conclusion cannot be independently verified from the opinion alone.

Authorities

relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed counsel finds no arguable issues, the appellate court must independently review the entire record for error.
relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds no arguable issues may file a brief identifying anything in the record that might arguably support the appeal.
relied: People v. Maultsby (2012) 53 Cal.4th 296 — A guilty plea admits every element of the charged offense and is a conclusive admission of guilt.
relied: People v. Mendez (1999) 19 Cal.4th 1084 — Section 1237.5's certificate of probable cause requirement is strictly applied; without a certificate a defendant cannot challenge the validity of a guilty plea on appeal.
missed: People v. Panizzon (1996) 13 Cal.4th 68 — A challenge to a sentence that was an integral part of a negotiated plea is in substance a challenge to the plea's validity requiring a certificate of probable cause, and a knowing and intelligent waiver of the right to appeal a stipulated sentence is enforceable.

The appellate opinion: sound with gaps — The court correctly applied Wende, Anders, Maultsby and Mendez to dispose of a Wende appeal in which the pro se claims were barred by the plea, the certificate requirement and the appellate waiver. It skipped Panizzon, the most direct authority on stipulated-sentence challenges and appellate waivers, and did not expressly explain how the June 2013 global bargain superseded the April 2013 terms Sanders relied on.

How this analysis was made · dispute it

record incomplete

Opinion

Filed 3/24/15 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, D064775

Plaintiff and Respondent, v. (Super. Ct. No. SCD216604)

STEPHEN CHARLES SANDERS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert F.

O'Neill, Judge. Affirmed.

Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

In April 2013, Stephen Charles Sanders entered a negotiated guilty plea to four counts of assault with a deadly weapon and by means of force likely to cause great bodily injury (Pen. Code, former § 245, subd. (a)(1); counts 1 through 4; all further statutory references are to the Penal Code). In June, Sanders entered a negotiated guilty plea in case No. SCD235740 (Court of Appeal No. D064743); that plea bargain provided, as to that case, the instant case and three other cases, for a stipulated 25-year sentence and waiver of the right to appeal. In September, the court sentenced Sanders to 25 years in prison, including, in the instant case, one year (one-third the middle term) on count 1 and concurrent terms on counts 2, 3 and 4. Sanders appeals. We affirm.

BACKGROUND

On the evening of July 12, 2008, Michael Martinez, Mike Majors and Tyler Tobin left a party and walked to a gas station to buy gum and cigarettes. They encountered a man with a skateboard. Majors or Tobin said something to the man. An argument or altercation ensued. Sanders drove up in a white car. He stuck his head out the window and said they should fight one-on-one. Martinez told Sanders to leave. Sanders got out of his car and rushed toward Martinez. Sanders picked up the skateboard and swung it at Martinez more than once. The skateboard flew out of Sanders's hands. Martinez knocked Sanders down, picked up the skateboard and told him to get back in the car.

Sanders got in the car. Sanders's wife, the car's only other occupant, got out. Martinez told her to get back in. When Sanders tried to get back out of the car, Martinez broke the back window with the skateboard and told Sanders to get out. Sanders left.

Martinez rode the skateboard back to the party where he stayed outside with Majors and Tobin. Sanders drove by in the white car, made a U-turn and drove back toward Martinez and his friends, tires screeching. Martinez hid behind a car. Sanders drove toward Martinez, grimacing. They made eye contact. Sanders tried to hit Martinez 2 with the car, but Martinez dodged him. Sanders hit a couple of cars. Isaiah Bowman got out of the white car holding a knife. He locked eyes with Martinez. Martinez tried to run, but slipped and landed on his back. Someone beat Martinez in the face with a skateboard, breaking his nose. Someone stabbed him in the side with a knife.

The white car swerved and drove at another party guest, Corina Hall. She jumped out of the way but the car touched her knee. Her knee was bruised and sprained. The white car also swerved at Serge Ferrari. He jumped out of the way but felt something hit his back. Ferrari suffered a puncture wound and bleeding from his back. He was taken to the hospital where he received stitches.

The white car crashed into another car and drove away. A witness recorded the car's license plate number. The car was registered to Sanders.

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 lists, as a possible, but not arguable, issue, whether the waiver of appellate rights was knowing, intelligent and voluntary. We grant Sanders's request for judicial notice of the record in Court of Appeal No. D064743.

We granted Sanders permission to file a brief on his own behalf. He has done so and raises two issues: first, because the court denied defense counsel's request for an extension of time to prepare for trial, Sanders was unable to present a defense; second, 3 the April 2013 bargain called for a concurrent four-year sentence, but the court later changed this.

"A guilty plea admits every element of the offense charged and is a conclusive admission of guilt." (People v. Maultsby (2012) 53 Cal.4th 296, 302.) The absence of a certificate of probable cause prevents Sanders from challenging the validity of his guilty plea. (§ 1237.5; People v. Mendez (1999) 19 Cal.4th 1084, 1095.) Furthermore, as part of his plea, Sanders waived his right to appeal issues relating to any stipulated sentence.

Then, in June 2013, Sanders waived his right to appeal in Court of Appeal No. D064743, and the record shows the waiver was knowing, intelligent and voluntary.

A review of the record pursuant to Wende and Anders, 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.

MCINTYRE, J.

WE CONCUR:

NARES, Acting P. J.

AARON, J.

Cites, in this corpus

People v. Maultsby S182042 · 2012-01-05
People v. Mendez No. S066175 · 1999-01-14
People v. Wende Crim. 20851 · 1979-10-12