People v. Rodriguez CA3

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days from the date the opening brief was filed. To date, defendant has not filed a supplemental brief. Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant. Consequently, we affirm the judgment. (Id. at p. 443.)

3 Prior to sentencing, defendant stated that he would like to “retract” his guilty pleas and “enter a Marsden Motion.” (People v. Marsden (1970) 2 Cal.3d. 118.) Following proceedings outside the presence of the prosecutor, the trial court denied the Marsden motion. Defense counsel then informed the trial court that defendant would not be making a motion to withdraw his guilty pleas.

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DISPOSITION

The judgment is affirmed.

/s/ Blease, Acting P. J.

We concur:

/s/ Hull, J.

/s/ Hoch, J.

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