People v. Barber CA2/5

DISCUSSION

A criminal defendant who appeals following a no contest or guilty plea without a certificate of probable cause can only (1) challenge the denial of a motion to suppress evidence made or renewed in the superior court (§ 1538.5, subd. (m)) or (2) raise grounds arising after the entry of the plea that do not affect the validity of the plea. (People v. Johnson (2009) 47 Cal.4th 668, 676-677; Cal. Rules of Court, rule 8.304(b).) Defendant did not seek appellate review of the denial of the certificate of probable cause. (Johnson, 47 Cal.4th at p. 676 [a defendant may challenge the wrongful denial of a certificate of probable cause by petition for writ of mandate].) We have independently examined the entire record on appeal and are satisfied that defendant’s appellate counsel has

3 fully complied with their responsibilities and that no arguable issues exist. (Wende, supra, 25 Cal.3d at p. 441.) Specifically, nothing in the appellate record indicates that defendant possesses any basis to challenge his plea which would not be barred by his failure to obtain a certificate of probable cause.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL…