People v. Reyna CA5
Opinion
Opinion
INTRODUCTION
Appellant/defendant Gabriel Reyna, a state prison inmate, pleaded no contest to assault with force likely to produce great bodily injury on another inmate and was sentenced to four years pursuant to a negotiated disposition. On appeal, his appellate counsel filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) By letter on April 10, 2014, we invited defendant to submit additional briefing. Defendant has filed a letter brief and claims that, as part of the negotiated disposition, he was supposed to receive “half time” conduct credits while serving the four-year term; he entered into the plea based on that promise; the court refused to order enforcement of that promise; and he is entitled to specific performance of the terms of the plea. As we will explain, the superior court repeatedly advised defendant he was not entitled to earn half-time credits, and it could not make such an order as an element of the plea. The court offered him the opportunity to withdraw his plea, and he decided not to do so. We affirm.