People v. Goree CA1/5

DISCUSSION

As we previously stated, defendant’s appointed counsel filed an opening brief setting forth the material facts but raising no issue for our consideration. Counsel requested 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, defendant failed to exercise this right in a timely manner. Because defendant failed to obtain a certificate of probable cause, we lack jurisdiction to consider any issues affecting the validity of the negotiated plea agreement, including the validity of the Cruz waiver. (People v. Vargas

3 (2007) 148 Cal.App.4th 644, 652 [because the Cruz waiver was “an integral part of defendant’s plea agreement,” defendant’s challenge to the agreed-upon sentence is “a challenge to the validity of his plea and . . . requires a certificate of probable cause”].) Mindful of this fact, we have independently reviewed the record and agree with appellate counsel there are no reasonably arguable legal or factual issues to…