People v. Meredyth 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

issues: (1) whether Meredyth's guilty plea was knowing and voluntary in light of the

modification of the plea agreement at the sentencing hearing; (2) whether the trial court

erred in failing to sentence Meredyth in accordance with Proposition 47 (§§ 1170.18,

459.5); and (3) whether the guilty plea and sentence are invalid as a result of ineffective

assistance of counsel.

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

supplemental brief. Meredyth responded with the argument that his case is covered by

Proposition 47, and he thus should have been sentenced to a misdemeanor offense. As

we will explain, because Meredyth did not obtain a certificate of probable cause from the

trial court, Meredyth's challenge to his sentence based on the purported applicability of

Proposition 47 is…