People v. Brown CA2/4

DISCUSSION

After an examination of the record, appellant’s court-appointed counsel filed an opening brief raising no issues and requested this court to review the record independently pursuant to Wende. In addition, counsel advised appellant of his right to submit by supplemental brief any contentions or argument he wished the court to consider. Appellant has presented no such brief. However, his notice of appeal asserts that the appeal “is based on the sentence or other matters that occurred after the plea . . . .” The notice further states that appellant’s sentence was illegal because the court imposed the “upper [] term of 16 months” on count one without “aggravating circumstances,” and doubled that term. Appellant’s plea of nolo contendere restricts the scope of the appeal before us. Because appellant neither challenged the search preceding his arrest nor requested a certificate of probable cause, his appeal is limited to “postplea claims, including sentencing issues, that do not challenge the validity of the plea.” (People v. Cuevas (2008) 44 Cal.4th 374, 379; People v. Brown (2010) 181 Cal.App.4th 356, 360.) Generally, “‘“[w]hen a guilty [or nolo contendere] plea is entered…