P.

P. v. Asaad CA4/1

Good Law
Court of Appeal of CaliforniaAugust 5, 2013D063487California204 words

Opinion

Opinion

BACKGROUND

In 2006, Asaad assaulted the victim by means likely to cause great bodily injury,

and great bodily injury resulted.

In his plea withdrawal motion, Asaad contended that at the time of the plea, (1) he

was under the influence of oxycodone, and (2) his attorney told him the characterization

of his offense as a strike could be "removed from his record" after he completed

probation. The court concluded that Asaad's evidence was inconsistent with the record of

the change of plea proceedings.

The court denied Asaad's request for a certificate of probable cause.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings below. Counsel presents no argument for reversal, but asks this court to

review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436

(Wende) and Anders v. California (1967) 386 U.S. 738 (Anders).

We granted Asaad permission to file a brief on his own behalf. He has not

responded. A review of the record pursuant to Wende and Anders has disclosed no

2 reasonably arguable appellate issue. Asaad has been competently represented by counsel

on this appeal.

DISPOSITION

The order is…

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