People v. Peralta CA4/1

I.

INTRODUCTION

Daniel Peralta pled guilty to one count of burglary (Pen. Code, § 459)1 and

admitted that the residence he burglarized was an inhabited dwelling house (§ 460). In

addition, Peralta admitted that another person, other than an accomplice, was present in

the residence during the commission of the burglary (§ 667.5, subd. (c)(21)). Prior to

sentencing, Peralta filed a motion to withdraw his guilty plea. After a hearing, the court

denied the motion to withdraw and sentenced Peralta to a stipulated sentence of two years

in prison.

Appointed appellate counsel filed a brief presenting no argument for reversal, but

inviting this court to review the record for error in accordance with People v. Wende

(1979) 25 Cal.3d 436 (Wende). Peralta filed a supplemental brief seeking reversal. After

having independently reviewed the entire record for error as required by Anders v.

California (1967) 386 U.S. 738 (Anders) and Wende, and considering the issues raised in

Peralta's supplemental brief, we affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2013, the People filed an amended complaint charging Peralta with

burglary (§ 459) (count 1), assault by means of…