People v. Simmonspryor CA4/3

DISCUSSION

As we mentioned at the outset, appellate counsel was unable to find any arguable issues to raise on defendant’s behalf. He did, however, identify the following unbriefed issue to assist us in our review of the record: “Was [defendant] sentenced in accordance with the plea bargain?” (Boldface omitted.) The answer is yes. Under the terms of his plea agreement, defendant agreed to plead no contest to second degree burglary in exchange for 16 months in prison with 24 days of presentence credit, and that is precisely what the trial court sentenced him to. Furthermore, although the notice of appeal reflects defendant’s concern about the “lack of evidence” to support the charge against him, his no contest plea precludes him from raising that issue on appeal. (People v. Palmer (2013) 58 Cal.4th 110, 114; In re Troy Z. (1992) 3 Cal.4th 1170, 1180– 1181.) Having independently reviewed the record for any other arguable issues, we are convinced none exist. We therefore affirm the judgment.

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DISPOSITION

The judgment is affirmed.

GOODING, J.

WE CONCUR:

O’LEARY, P. J.

DELANEY, J.

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