People v. Sanders CA4/1

Good Law
Court of Appeal of CaliforniaMarch 24, 2015D064744California265 words

Opinion

Opinion

Mcintyre, J.

BACKGROUND

In January 2007, Sanders possessed sap gloves, knowing they were a weapon.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings below. Counsel presents no argument for reversal, but asks this court to

review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436

(Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel lists,

as a possible, but not arguable, issue, whether the waiver of appellate rights was knowing,

intelligent and voluntary.

We granted Sanders permission to file a brief on his own behalf. He has done so

and raises contentions concerning searches, the plea bargain, the denial of his plea

withdrawal motion and sentencing.

"A guilty plea admits every element of the offense charged and is a conclusive

admission of guilt." (People v. Maultsby (2012) 53 Cal.4th 296, 302.) The absence of a

certificate of probable cause prevents Sanders from challenging the validity of his guilty

2 plea. (§ 1237.5; People v. Mendez (1999) 19 Cal.4th 1084, 1095.) Furthermore, as part

of his plea, Sanders waived his right to appeal issues relating to any suppression motions

and any…

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