People v. Rivastrinidad CA2/4

Good Law
Court of Appeal of CaliforniaNovember 24, 2025B343701California252 words

Opinion

Opinion

statement of the case and a summary of the facts and asking us to conduct an

All further statutory references are to the Penal Code unless otherwise stated. 2 independent review of the record. Counsel’s brief raised a potential issue for our consideration: whether the court erred in determining that defendant had failed to meet his burden to establish that his plea of no contest was not knowing, intelligent, and/or voluntary. We offered defendant an opportunity to file a personal supplemental brief, and he did so, reiterating many of the arguments he made at the hearing on his motion to withdraw his plea. We have no certificate of probable cause in this case. (See § 1237.5.) A defendant must obtain a certificate of probable cause in order to challenge on appeal the denial of a motion to withdraw a guilty plea. (People v. Johnson (2009) 47 Cal.4th 668, 679.) We see no basis for an appellate challenge to either the plea or sentence. (See Cal. Rules of Court, rule 8.304(b).) We have reviewed the entire record and are satisfied that defendant’s attorney has fully complied with the responsibilities of counsel, and that no arguable issues exist. (See Wende, supra, 25 Cal.3d at p.…

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