People v. Gonzalez CA2/2

DISCUSSION

We appointed counsel to represent appellant on appeal. After examination of the record, counsel filed an “Opening Brief” in which no issues were raised. On February 5, 2014, we gave notice to appellant that his appointed counsel had not found any arguable issues, and that he had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wanted this court to consider. On April 4, 2014, appellant submitted a supplemental brief contending that he received ineffective assistance by his trial counsel. He contends he was told by his counsel that the three additional counts of forcible lewd acts upon a child were added because his DNA was found during the investigation. He contends the DNA evidence was inconclusive and now agrees to plead to one count only of forcible lewd acts upon a child. He seeks to have his sentence modified accordingly. These claims arose prior to appellant’s plea and effectively challenge the validity of his plea. They are not reviewable in the absence of a certificate of probable cause. (People v. Stubbs (1998) 61 Cal.App.4th 243, 244-245.) We have also examined the entire record and are satisfied that…