gno.law

People v. Coleman CA4/1

California Court of Appeal · D079958 · 2022-11-02 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of San Diego County · No. SCD280153
Trial judge
Laura W. Halgren
Outcome
affirmed — Affirmed.
Area
criminal
Panel
Richard D. Huffman, Sr. (author), O'Rourke, Buchanan

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T04:43Z · confidence low

The trial court denied the defendant's motion to strike a prior strike under People v. Superior Court (Romero) and accepted his guilty plea to possession of a firearm by a felon. The Court of Appeal affirmed the judgment after conducting an independent review of the record pursuant to People v. Wende and finding no arguable issues for reversal.

Ruling reviewedStandardThe courtThe model
Denial of motion to strike prior strike (Romero motion)
“Did the court err in denying Coleman’s motion to strike the prior conviction (Romero motion)?”
unclearnot reachedunsure
The appellate court identified the issue in the Wende brief but stated it had not discovered any arguable issues for reversal after reviewing the entire record. The opinion does not provide specific reasoning or apply a standard of review to this specific ruling, relying instead on the general Wende/Anders review process.
Acceptance of guilty plea when defendant was not physically present
“Did the court err in accepting Coleman’s guilty plea when he was not physically present in court?”
unclearnot reachedunsure
The appellate court listed this as a potential issue in the Wende brief but concluded that no arguable issues for reversal were found upon review of the record. The opinion does not explicitly address the legal sufficiency of the plea's acceptance or the defendant's presence, leaving the specific legal analysis implicit in the general finding of no error.

Authorities

  • relied: People v. Superior Court (Romero) (1996) 13 Cal.4th 497 — Establishes the standard for striking prior convictions under the Three Strikes Law.
  • relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appellate counsel to identify arguable issues and the court to independently review the record when counsel finds no issues.
  • relied: Anders v. California (1967) 386 U.S. 738 — Requires independent review of the record by the appellate court when appointed counsel files a brief stating no arguable issues exist.

The appellate opinion: sound with gaps — The opinion is procedurally sound as it follows the established Wende/Anders protocol for reviewing appeals where counsel identifies no issues. However, it is a 'sound with gaps' opinion because it fails to provide any specific legal analysis or reasoning for why the identified issues (Romero denial and plea presence) were not arguable, relying solely on the general statement that no errors were found.

How this analysis was made · dispute it

unusual disposition unusual disposition

A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:30Z · confidence low

The trial court accepted Coleman's guilty plea to felon in possession of a firearm, denied his Romero motion to dismiss a prior strike, and sentenced him to the two-year middle term doubled to four years. On appeal, counsel filed a Wende brief identifying two possible issues, Coleman filed nothing, and the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.

Ruling reviewedStandardThe courtThe model
Denial of Coleman's motion to dismiss the prior strike under Romero
“The court denied Coleman’s motion to dismiss the strike prior.”
unclearcorrectunsure
A Romero denial is reviewed for abuse of discretion, but the opinion states no standard and recites no facts about the strike, its age, or Coleman's record; it simply reports that Wende/Anders review disclosed no arguable issue. Without the underlying facts there is no basis to identify an error, but also no basis to independently confirm the result.
Acceptance of Coleman's guilty plea while he was not physically present in court
“Did the court err in accepting Coleman’s guilty plea when he was not physically present in court?”
unclearcorrectunsure
The opinion lists this as a potential Anders issue but does not analyze it, nor does it note that the notice of appeal challenged only post-plea matters, which would ordinarily make a challenge to plea validity non-cognizable absent a certificate of probable cause under section 1237.5. The affirmance is defensible under Wende, but the opinion provides no facts (e.g., remote appearance, waiver of presence) permitting independent assessment.

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 lacking in merit may file a brief referring to anything in the record that might arguably support the appeal, to assist the court's independent review.
  • relied: People v. Superior Court (Romero) (1996) 13 Cal.4th 497 — A trial court has discretion under Penal Code section 1385 to dismiss a prior strike conviction allegation in furtherance of justice.

The appellate opinion: sound with gaps — The opinion follows the Wende/Anders procedure correctly, identifies the issues counsel flagged, and affirms after independent review, which is all that procedure requires. It omits any statement of the standard of review for the Romero ruling, any facts bearing on the strike, and any mention of the certificate-of-probable-cause bar on challenging the plea given a notice of appeal limited to post-plea matters.

How this analysis was made · dispute it

record incomplete

Opinion

Filed 11/2/22 P. v. Coleman 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, D079958

Plaintiff and Respondent, v. (Super. Ct. No. SCD280153)

DARRICK ANTHONY COLEMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Laura W. Halgren, Judge. Affirmed. Jason Szydlik, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Darrick Anthony Coleman pleaded guilty to possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1)) and admitted a prior strike (§ 667, subds. (b)-(i)). The remaining charge and allegations were dismissed.

1 All further statutory references are to the Penal Code. The court denied Coleman’s motion to dismiss the strike prior. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) The court sentenced Coleman to the mid-term of two years, doubled because of the prior strike. Coleman filed a timely notice of appeal challenging matters occurring after the plea. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Coleman the opportunity to file his own brief on appeal but, he has not responded. STATEMENT OF FACTS This appeal is from a guilty plea. Coleman admitted he possessed a firearm as a convicted felon. DISCUSSION As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible issues which were considered in evaluating the potential merits of this appeal: 1. Did the court err in denying Coleman’s motion to strike the prior conviction (Romero motion)? 2. Did the court err in accepting Coleman’s guilty plea when he was not physically present in court? We have reviewed the entire record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Coleman on this appeal.

2 DISPOSITION The judgment is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

O’ROURKE, J.

BUCHANAN, J.

Cites, in this corpus