gno.law

People v. Parra CA4/1

California Court of Appeal · D080990 · 2023-08-02 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of San Diego County · No. SCS311762
Trial judge
Michael J. Popkins
Outcome
affirmed — Affirmed.
Area
criminal
Panel
Richard D. Huffman, Sr. (author), Judith D. McConnell, Michele M. Castillo

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T04:30Z · confidence low

The trial court denied the defendant's motions to withdraw his guilty plea and suppress evidence, then sentenced him according to the plea agreement. The Court of Appeal affirmed the judgment after an independent review of the record pursuant to People v. Wende, finding no arguable issues for reversal.

Ruling reviewedStandardThe courtThe model
Denial of motion to withdraw guilty plea
“The court denied Parra’s motion to withdraw his guilty plea and denied a late motion to suppress evidence.”
unclearnot reachedunsure
The appellate court did not address this specific ruling in its discussion, relying instead on a general Wende review of the entire record to find no arguable issues.
Denial of motion to suppress evidence
“The court denied Parra’s motion to withdraw his guilty plea and denied a late motion to suppress evidence.”
unclearnot reachedunsure
The appellate court did not address this specific ruling in its discussion, relying instead on a general Wende review of the entire record to find no arguable issues.
Sentence imposed
“Parra was sentenced in accordance with his plea agreement.”
unclearnot reachedunsure
The appellate court did not address this specific ruling in its discussion, relying instead on a general Wende review of the entire record to find no arguable issues.

Authorities

  • relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appointed appellate counsel to file a brief identifying arguable issues and the court to independently review the record for error when counsel finds none.
  • relied: Anders v. California (1967) 386 U.S. 738 — Requires appointed counsel to file a brief identifying arguable issues and the court to independently review the record for error when counsel finds none.
  • relied: People v. Marsden (1970) 2 Cal.3d 118 — Establishes the standard for a defendant's motion to replace appointed counsel.

The appellate opinion: sound with gaps — The opinion is procedurally sound as it correctly follows the Wende/Anders protocol for reviewing a record when appointed counsel identifies no issues. However, it is a bare-bones procedural disposition that does not engage with the specific legal arguments or facts of the case, which is typical for this type of unpublished opinion.

How this analysis was made · dispute it

unusual disposition

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

The trial court accepted Parra's guilty plea to possession for sale of more than a kilogram of a controlled substance, denied his Marsden motion, denied his motion to withdraw the plea and a late suppression motion, and imposed the stipulated split sentence of one year local custody plus four years mandatory supervision. On appeal, appointed counsel filed a Wende brief, Parra filed nothing, and the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.

Ruling reviewedStandardThe courtThe model
Denial of Parra's Marsden motion to replace appointed counsel
“He also made a motion to replace appointed counsel (People v. Marsden (1970) 2 Cal.3d 118), which was denied by the court.”
unclearcorrectunsure
The opinion recites the denial but provides no facts about the hearing; it finds no arguable issue only through generic Wende review. Marsden denials are reviewed for abuse of discretion, and nothing in the opinion permits an independent assessment, so I cannot confirm or contest the conclusion.
Denial of motion to withdraw guilty plea
“The court denied Parra’s motion to withdraw his guilty plea and denied a late motion to suppress evidence.”
unclearcorrectunsure
No facts about the grounds for withdrawal (Pen. Code § 1018 good cause) are stated. The court's conclusion that there is no arguable issue is plausible given a stipulated plea with a kilogram-weight admission, but the record quoted is too thin to verify. The opinion also does not mention whether a certificate of probable cause was obtained, which affects reviewability of plea-related claims.
Denial of late motion to suppress evidence
“denied a late motion to suppress evidence.”
unclearcorrectunsure
The opinion gives no information about the basis of the suppression motion or its timeliness under Pen. Code § 1538.5. A suppression ruling is reviewable after a guilty plea without a certificate, so the Wende review properly encompassed it, but nothing in the opinion allows independent evaluation.
Imposition of stipulated split sentence (one year local custody, four years mandatory supervision) and validity of plea advisements and factual basis
“We have reviewed the record for error as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal.”
de novocorrectagree with court
Counsel flagged factual basis, advisements, and sentence authorization as Anders issues. A split sentence under Pen. Code § 1170(h) for a § 11351 conviction with a § 11370.4(a)(1) enhancement is a lawful disposition, and the defendant admitted the factual basis. The court followed the Wende/Anders procedure, and the stipulated sentence appears authorized, so I agree with the affirmance on this point.

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 wholly frivolous must file a brief referring to anything in the record that might arguably support the appeal, and the court must then examine the record itself.
  • relied: People v. Marsden (1970) 2 Cal.3d 118 — A defendant seeking substitution of appointed counsel must be permitted to state the reasons, and the court must inquire into the complaints before ruling.

The appellate opinion: sound with gaps — The opinion follows the required Wende/Anders procedure, recites the charges, plea, rulings, sentence, and counsel's identified issues, and affirms after independent review, which is a defensible result on this record. It does not address appealability of the plea-withdrawal ruling (certificate of probable cause under Pen. Code § 1237.5) or explain any of the challenged rulings, leaving the reader unable to evaluate the substance.

How this analysis was made · dispute it

record incomplete

Opinion

Filed 8/2/23 P. v. Parra 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, D080990

Plaintiff and Respondent, v. (Super. Ct. No. SCS311762)

HUGO PARRA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Michael J. Popkins, Judge. Affirmed. Justin Behravesh, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Hugo Parra entered into a plea agreement in which he pleaded guilty to possession of a controlled substance for sale (Health and Saf. Code,1 § 11351) and admitted he possessed more than a kilogram of the substance (§ 11370.4, 1 All further statutory references are to the Health and Safety Code unless otherwise specified. subd. (a)(1)). The parties stipulated that Parra would receive a split sentence consisting of one year in local custody, followed by four years on mandatory supervision. Parra filed a motion to withdraw his guilty plea. He also made a motion to replace appointed counsel (People v. Marsden (1970) 2 Cal.3d 118), which was denied by the court. Parra ultimately retained private counsel. The court denied Parra’s motion to withdraw his guilty plea and denied a late motion to suppress evidence. Parra was sentenced in accordance with his plea agreement. Parra filed a timely notice of appeal. 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 Parra the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS Parra admitted he possessed more than a kilogram of controlled substance for purpose of sale. DISCUSSION As we have noted, appellate counsel has filed a Wende brief and asks the court to independently review the record for error. To assist the court in its review of the record, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified several possible issues that were considered in evaluating the potential merits of this appeal. 1. Whether there was a factual basis for the plea. 2. Whether Parra was properly advised of his constitutional right at his guilty plea.

2 3. Whether the sentence imposed was authorized. We have reviewed the record for error as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Parra on this appeal. DISPOSITION The judgment is affirmed.

HUFFMAN, J.

WE CONCUR:

McCONNELL, P. J.

CASTILLO, J.

Cites, in this corpus