People v. Martinez CA2/4

DISCUSSION

After reviewing the record, defendant’s appointed appellate counsel filed a brief that raised no issues and asked this court to conduct an independent review pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel declared that she sent defendant the record on appeal, a copy of the brief filed on his behalf, and a letter explaining the nature of the brief. On June 20, 2013, we sent a letter to defendant advising him that he had the

1 A second victim, Carlos G., testified that when Carlos was 12 years old, defendant fondled his penis, placed his penis in Carlos’s rectum, and had Carlos orally copulate him. Defendant did not admit any of the charges involving Carlos.

2 opportunity to file a brief within 30 days raising any contention which he wished this court to consider. To date, we have received no response. Defendant is challenging the validity of the plea. Penal Code section 1237.5 provides that he may not appeal a judgment of conviction entered upon a plea of guilty or no contest without obtaining a certificate of probable cause. (People v. Johnson (2009) 47 Cal.4th 668, 678.) This is so, even though his appeal is allegedly based on matters that occurred after…