People v. Benitez CA4/1

Good Law
Court of Appeal of CaliforniaJune 5, 2015D067395California212 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.