People v. Spencer CA4/1

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings in the trial court. Counsel presented no argument for reversal but invited this

court to review the record for error in accordance with Wende, supra, 25 Cal.3d 436.

Pursuant to Anders, supra, 386 U.S. 738, counsel identified as possible but not arguable

All further statutory references are to the Penal Code. 2 issues: (1) whether Spencer was properly advised of his constitutional rights,

consequences of pleading guilty, and did he voluntarily waive them; and (2) whether

there was a sufficient factual basis established for the guilty plea.

After we received counsel's brief, we gave Spencer an opportunity to file a

supplemental brief. Spencer responded, attaching to his response an April 30, 2014

article from the Los Angeles Times about Governor Jerry Brown's recent decision to

release some low-level, nonviolent prisoners to comply with a federal court order to

reduce prison overcrowding. Spencer contends that he should obtain early release under

that program. Although we understand Spencer's argument, the issue he raises is beyond

the scope of this…