People v. Sandoval CA4/1

Good Law
Court of Appeal of CaliforniaAugust 10, 2015D067344California344 words

Opinion

Opinion

Mcintyre, J.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings below. She presented no argument for reversal, but asked this court to

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

(Wende). Under Anders v. California (1967) 386 U.S. 738 (Anders), she listed as

possible but not arguable issues, whether (1) Sandoval's waiver of her right to

appeal was valid, (2) Sandoval's guilty plea was constitutionally valid, (3) the trial

2 court abused its discretion in denying Sandoval's request for a certificate of

probable cause, (4) there was a sufficient factual basis for the guilty plea, and

(5) the conviction for petty theft with a prior should be reduced to a misdemeanor in

light of Proposition 47, enacted by voters in November 2014. We granted Sandoval

permission to file a brief on her own behalf. She has not responded.

Our review of the record pursuant to Wende, including the possible issues

listed by counsel pursuant to Anders, has disclosed no reasonably arguable issues on

appeal. Moreover, the issues raised by counsel are not cognizable in the absence of

a certificate of probable cause.…

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