People v. Walters CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. SCD260844
- Trial judge
- Frederic L. Link
- Outcome
- affirmed — Affirmed.
- Area
- criminal
- Panel
- Alex C. McDonald (author), O'Rourke
Analysis
The trial court accepted Walters's guilty plea to murder and two counts of kidnapping for ransom, imposed a stipulated sentence of 32 years to life, and denied a certificate of probable cause. On appeal, the Court of Appeal affirmed the judgment after conducting an independent review of the record pursuant to People v. Wende and finding no reasonably arguable issues.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Affirmance of judgment following guilty plea and stipulated sentence“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 issues.” | de novo | not reached | agree with court The court applied the Wende/Anders standard of review, which requires an independent examination of the record to determine if there are any reasonably arguable issues. The court found no such issues, thereby affirming the judgment. This is the standard procedure for cases where appointed counsel files a Wende brief. |
Denial of certificate of probable cause“The trial court denied his request for a certificate of probable cause.” | abuse of discretion | not reached | unsure The opinion notes the denial but does not explicitly analyze it as a separate issue on appeal, as the Wende review found no arguable issues. The denial is generally reviewed for abuse of discretion, but since the appeal was affirmed on the merits (or lack thereof), this specific ruling was not the basis for reversal. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appointed appellate counsel to file a brief identifying any arguable issues, or if none exist, to request the court to independently review the record for error.
- relied: Anders v. California (1967) 386 U.S. 738 — Establishes the procedure for appointed counsel to withdraw from a case where no arguable issues exist, requiring a brief and court review.
The appellate opinion: sound — The opinion is procedurally sound as it correctly follows the Wende/Anders protocol for cases with no arguable issues. The court explicitly states it reviewed the record and found no errors, which is the required standard of review in this context.
How this analysis was made · dispute it
unusual dispositionThe trial court accepted Walters's negotiated guilty plea to first degree murder and two counts of kidnapping for ransom, imposed the stipulated 32-years-to-life sentence, dismissed the remaining counts and allegations, and denied his request for a certificate of probable cause. On appeal, appointed counsel filed a Wende/Anders brief raising no issues, Walters filed no supplemental brief, and the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Acceptance of guilty plea and admissions after advisement and waiver of constitutional rights, with a finding of a factual basis for the plea“The trial court questioned Walters regarding the plea agreement and waiver of his constitutional rights, found a factual basis for his plea, and accepted his guilty plea and admissions.” | de novo | correct | agree with court Under Wende the appellate court independently reviews the entire record; the opinion recites that the plea was taken after advisement and waiver of rights with a factual basis, and counsel's Anders references to voluntariness and effective assistance disclosed nothing. Nothing in the opinion suggests an infirmity, and in any event a challenge to plea validity would be barred for lack of a certificate of probable cause. |
Imposition of the stipulated total sentence of 32 years to life and dismissal of the remaining counts and allegations“At sentencing, the court imposed the stipulated total sentence of 32 years to life in prison.” | de novo | correct | agree with court The sentence matched the plea bargain, Walters expressly waived appeal of the stipulated sentence, and the independent Wende review found no arguable error. The opinion gives no reason to doubt that the sentence conformed to the agreement. |
Denial of request for a certificate of probable cause“The trial court denied his request for a certificate of probable cause.” | unclear | not reached | unsure The opinion merely notes the denial and does not analyze its effect on the scope of the appeal. Without a certificate, review is limited to post-plea matters not affecting plea validity, which is consistent with the affirmance, but the court did not say so. |
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 arguable error before affirming.
- relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal frivolous may so advise the court and refer to anything in the record that might arguably support the appeal, and the court then reviews the record itself.
- 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 validity of the plea and requires a certificate of probable cause under Penal Code section 1237.5; absent a certificate, such issues are not cognizable on appeal.
The appellate opinion: sound with gaps — The court followed the required Wende/Anders procedure, invited a supplemental brief, independently reviewed the record, and found no arguable issues, which fully supports the affirmance. It did not, however, note that the absence of a certificate of probable cause confined the appeal to non-certificate issues, which would have been the direct answer to counsel's reference to the voluntariness of the plea.
Opinion
Filed 6/24/16 P. v. Walters 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, D069197
Plaintiff and Respondent, v. (Super. Ct. No. SCD260844)
VINCENT L. WALTERS, Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Frederic L.
Link, Judge. Affirmed.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Vincent L. Walters appeals a judgment following his guilty plea to one count of murder (Pen. Code, § 187, subd. (a)) and two counts of kidnapping for ransom (§ 209, subd. (a)). FACTUAL AND PROCEDURAL BACKGROUND In April 2015, an information charged Walters with one count of conspiracy to commit kidnapping for ransom (§ 182, subd. (a)(1)), three counts of kidnapping for ransom (§ 209, subd. (a)), and one count of murder (§ 187, subd. (a)). It also alleged that, in committing the three kidnapping-for-ransom offenses, he was armed with a firearm (§ 12022, subd. (a)(1)).
In October, pursuant to a plea agreement, Walters pleaded guilty to the first degree murder of Kristine Reyes (§ 187, subd. (a)) (count 5) and the kidnapping for ransom of Michael Provencio and Danny Johnson (§ 209, subd. (a)) (counts 2 & 3). His plea form stated that he was induced to plead guilty by the stipulated total prison term of 32 years to life in prison and dismissal of the remainder of the counts and allegations. As part of his guilty plea, Walters waived his right to appeal that stipulated sentence. The trial court questioned Walters regarding the plea agreement and waiver of his constitutional rights, found a factual basis for his plea, and accepted his guilty plea and admissions. Walters admitted he willfully murdered Reyes with premeditation and deliberation and he kidnapped for ransom Michael Provencio and Danny Johnson. The court dismissed the remainder of the counts and allegations against him. At sentencing, the court imposed the stipulated total sentence of 32 years to life in prison.
Walters timely filed a notice of appeal. The trial court denied his request for a certificate of probable cause.
2 DISCUSSION
Walters's appointed counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal of the judgment, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. To assist our review, counsel cites Anders v. California and refers to whether Walters's plea was voluntary and whether counsel provided effective assistance.
We granted Walters permission to file a supplemental brief on his own behalf, but 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 issues. Walters has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, Acting P. J. WE CONCUR:
O'ROURKE, J.
Prager, J.* * Judge of the San Diego Superior Court, 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