People v. Grimley CA1/5

DISCUSSION

As we previously stated, defendant’s appointed counsel has filed an opening brief setting forth the material facts but raising no issue for our consideration. Counsel requests that we independently review the record to decide whether there exists any nonfrivolous issue for appeal. (People v. Wende, supra, 25 Cal.3d 436; People v. Kelly, supra, 40 Cal.4th 106.) In doing so, counsel attested that defendant was advised of his right to file his own brief with this court. However, he failed to exercise this right in a timely manner. After independently reviewing the record, we agree with appellate counsel that there are no reasonably arguable legal or factual issues to be considered. Defendant was advised of his constitutional rights to a trial by jury. Afterward, he executed a knowing, voluntary, and intelligent waiver of these rights and entered a plea deal. Pursuant to this deal, which was negotiated by counsel and accepted by the court, defendant pleaded no contest to the four counts described ante.

3 At the subsequent sentencing hearing, the court found defendant was presumptively ineligible for probation based on his record of multiple felony convictions. The court…