People v. Henry CA5

INTRODUCTION

Appellant and defendant Jerry Jervon Henry (appellant) pleaded no contest to two felony charges in a domestic violence case in exchange for the dismissal of two felony charges, a prior strike conviction, two misdemeanor cases filed after he violated the protective order, and no initial prison sentence. Prior to sentencing, appellant moved to withdraw his plea because he was not advised that if he was placed on probation, he could be ordered to serve up to one year in jail. The trial court denied his motion to withdraw and found his allegations were refuted by the record of the plea hearing and the provisions of the written plea agreement that he initialed and signed. Appellant was placed on probation on condition of serving 270 days in jail. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant filed a letter with this court, requesting a new attorney to challenge the denial of his motion to withdraw because of the Wende brief; we denied his request. After review of the record, we affirm the…