gno.law

P. v. Ramirez CA4/1

California Court of Appeal · D062658 · 2013-03-04 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of San Diego County · No. SCN305788
Trial judge
Kimberlee A. Lagotta
Outcome
affirmed — Affirmed.
Area
criminal
Panel
Alex C. McDonald (author), McINTYRE, Patricia D. Benke

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T06:57Z · confidence high

The trial court accepted a negotiated guilty plea from Ivan Ramirez for possessing heroin for sale and imposed a stipulated three-year middle prison term. The Court of Appeal affirmed the judgment after an independent review of the record pursuant to People v. Wende found no reasonably arguable appellate issues.

Ruling reviewedStandardThe courtThe model
Affirmance of the judgment following a Wende/Anders review
“A review of the record pursuant to Wende and Anders has disclosed no reasonably arguable appellate issues.”
de novonot reachedagree with court
The appellate court conducted an independent review of the record as required by People v. Wende and Anders v. California. It determined that no reasonably arguable issues of law or fact existed that would warrant reversal, thereby affirming the lower court's judgment.

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 argument is presented.
  • relied: Anders v. California (1967) 386 U.S. 738 — Establishes the procedure for appointed counsel to withdraw from an appeal by filing a brief identifying any potentially meritorious issues and requesting the court to review the record.

The appellate opinion: sound — The opinion correctly applies the Wende/Anders framework by stating that counsel filed a brief, the court granted leave for a pro se brief (which was not filed), and the court independently reviewed the record. It concludes that no reasonably arguable issues exist, which is the standard required for affirmance in such cases.

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 Ivan Ramirez's negotiated guilty plea to possessing heroin for sale (Health & Saf. Code, § 11351) and imposed the stipulated three-year middle term in local custody. On appeal, appointed counsel filed a Wende/Anders brief raising no issues, Ramirez filed no supplemental brief, and the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.

Ruling reviewedStandardThe courtThe model
Judgment entered on negotiated guilty plea to Health & Safety Code section 11351 with stipulated three-year middle term in local custody
“A review of the record pursuant to Wende and Anders has disclosed no reasonably arguable appellate issues.”
unclearcorrectagree with court
This is a Wende independent-record review following a negotiated plea with a stipulated sentence. The opinion recites that counsel filed a Wende/Anders brief, the defendant was given the opportunity to file his own brief and did not, and the court reviewed the entire record and found no arguable issues. That procedure complies with People v. Wende and People v. Kelly, which require only that the court state it has reviewed the record. Nothing in the opinion suggests any error in the plea or sentence; a stipulated middle term is within the statutory range for section 11351 and local custody is consistent with realignment. The opinion does not indicate whether a certificate of probable cause was obtained, but given the absence of any challenge to the plea, that omission does not affect the result.

Authorities

  • relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed appellate counsel files a brief raising no arguable issues, the Court of Appeal must independently review the entire record for arguable issues before affirming.
  • relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal wholly frivolous must so advise the court and furnish a brief referring to anything in the record that might arguably support the appeal, and the court must then independently examine the record.

The appellate opinion: sound — The opinion follows the required Wende/Anders procedure: it notes counsel's no-issue brief, records that the defendant was invited to and did not file a supplemental brief, and states that the court's independent review disclosed no arguable issues, which is all that Wende and Kelly require. The opinion is extremely brief and recites almost nothing about the plea colloquy or sentencing, so the reader cannot independently verify the record, but nothing in it suggests the result is wrong.

How this analysis was made · dispute it

record incomplete

Opinion

Filed 3/4/13 P. v. Ramirez 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, D062658

Plaintiff and Respondent, v. (Super. Ct. No. SCN305788)

IVAN RAMIREZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kimberlee A. Lagotta, Judge. Affirmed.

Ivan Ramirez entered a negotiated guilty plea to possessing heroin for sale (Health & Saf. Code, § 11351). The court imposed a stipulated sentence of the three-year middle prison term in local custody. Ramirez appeals. We affirm.

BACKGROUND

Ramirez unlawfully possessed a usable quantity of heroin for sale. 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) and Anders v. California (1967) 386 U.S. 738 (Anders).

We granted Ramirez permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to Wende and Anders has disclosed no reasonably arguable appellate issues. Ramirez has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

MCDONALD, J.

WE CONCUR:

BENKE, Acting P. J.

MCINTYRE, J.

Cites, in this corpus