People v. Benitez CA4/1
Opinion
Opinion
DISCUSSION
Appellate counsel has filed a brief pursuant to People v. Wende (1979)
Cal.3d 436 (Wende) indicating she has been unable to identify any reasonably arguable
issue for reversal on appeal. Counsel requests this court review the record for error as
mandated by Wende.
Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel has
identified the following possible, but not reasonably arguable issues for our consideration
as we review the record for error:
1. Was Benitez properly advised of the rights she was waiving and the
consequences of pleading guilty, particularly, the immigration consequences of pleading
guilty?
2. Whether the transcript of the 1997 change of plea sufficiently supports the
court's finding the plea was knowing and voluntary?
3. Did the trial court properly deny the motion to vacate the 1997 conviction?
We offered Benitez the opportunity to file her own brief on appeal but she has
failed to respond.
We have reviewed the entire record on appeal as required by Wende, supra,
Cal.3d 436 and Anders, supra, 386 U.S. 738. We have not discovered any reasonably
arguable issue for reversal on appeal. Competent counsel has…