P. v. Scroogins CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. SCD240860
- Trial judge
- Frederic L. Link
- Outcome
- affirmed — Affirmed.
- Area
- criminal
- Panel
- Richard D. Huffman, Sr. (author), O'Rourke, Cynthia Aaron
Analysis
The trial court accepted a negotiated guilty plea for residential burglary and sentenced the defendant to eight years in prison pursuant to a plea bargain. The Court of Appeal affirmed the judgment after a Wende review found no reasonably arguable issues.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Judgment of conviction and 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 issue.” | de novo | not reached | agree with court The court affirmed the judgment based on a Wende review, finding no error in the record. The trial court's acceptance of the plea and imposition of the agreed-upon sentence were not specifically challenged or reviewed on the merits, as the appeal was procedurally resolved via the Wende/Anders framework. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — Appointed counsel must review the record for error and file a brief if no arguable issues exist.
- relied: Anders v. California (1967) 386 U.S. 738 — Due process requires appointed counsel to file a brief identifying any arguable issues, even if none are found.
The appellate opinion: sound — The opinion is procedurally sound as it correctly applies the Wende/Anders framework for appointed counsel appeals. It accurately states that no reasonably arguable issues were found in the record.
How this analysis was made · dispute it
unusual dispositionThe trial court accepted David Scroggins's negotiated guilty plea to one count of residential burglary with an admitted strike prior, and sentenced him to the stipulated eight-year prison term with $23,600 in victim restitution. On appeal, appointed counsel filed a Wende brief raising no issues, Scroggins 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 negotiated guilty plea and imposition of the stipulated eight-year sentence and $23,600 victim restitution in accordance with the plea bargain“The trial court sentenced Scroggins in accordance with the terms of the plea bargain.” | de novo | correct | agree with court This is a Wende appeal: counsel identified no issues, the defendant filed nothing, and the court independently reviewed the record under People v. Wende and Anders v. California. The opinion recites that the sentence matched the stipulated bargain (eight years, restitution), and nothing in the opinion suggests any defect in the plea, the strike admission, or the sentence. On a bare Wende record there is no basis to question the court's conclusion that no reasonably arguable issue exists. |
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 to determine whether any arguable issue exists.
- relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal wholly frivolous may so advise the court and request leave to withdraw, accompanied by a brief referring to anything in the record that might arguably support the appeal; the court then conducts its own examination of the record.
The appellate opinion: sound — The opinion follows the standard Wende/Anders procedure: it describes the plea, the stipulated sentence, counsel's no-issue brief, the defendant's opportunity to file a supplemental brief, and the court's independent review finding no arguable issue. Because no issues were raised and the recited record shows a sentence imposed exactly per the bargain, the affirmance is a defensible and routine result, though the opinion is too brief to permit any independent verification of the record review.
Opinion
Filed 3/19/13P. v. Scroogins 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, D062457
Plaintiff and Respondent, v. (Super. Ct. No. SCD240860)
DAVID SCROGGINS,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Frederic L.
Link, Judge. Affirmed.
David Scroggins entered a negotiated guilty plea to one count of residential burglary (Pen. Code, § 459/460) and admitted having one prior serious/violent felony or strike conviction (Pen. Code, § 667, subds. (b)-(i)). In exchange for the plea, the prosecution agreed to dismiss two other strike allegations. The parties stipulated to an eight-year prison term and victim restitution in the amount of $23,600. The trial court sentenced Scroggins in accordance with the terms of the plea bargain. FACTS On February 1, 2012, Scroggins entered a family residence with the intent to steal.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Counsel has not referred us to any possible but not arguable issues. (See Anders v. California (1967) 386 U.S. 738. We granted Scroggins permission to file a brief on his own behalf. 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 issue. Competent counsel has represented Scroggins on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
O'ROURKE, J.
AARON, J.
Cites, in this corpus
- People v. Wende Crim. 20851 · 1979-10-12