Kwizera

People v. Kwizera

Caution
2000 Cal. App. LEXIS 170·2000 Daily Journal DAR 2647·78 Cal. App. 4th 1238·93 Cal. Rptr. 2d 522·2000 Cal. Daily Op. Serv. 1943
Court of Appeal of CaliforniaFebruary 9, 2000No. D033130California787 words

Opinion

Lead Opinion

Rourke, J.

Iman Kwizera entered a negotiated guilty plea to battery on a noninmate while confined in jail. (Pen. Code, §4131.5.) The court suspended imposition of sentence and placed him on three years’ probation including a condition he serve 270 days in custody.

Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ], Pursuant to Anders v. California (1967) 386 U.S. 738 [ 87 S.Ct. 1396 , 18 L.Ed.2d 493 ], counsel refers to as possible but not arguable issues: (1) whether Kwizera was denied effective assistance of counsel; (2) whether Kwizera’s plea was constitutionally valid; (3) whether the sentence was in accord with the plea agreement; and (4) whether the probation conditions were unreasonable.

We granted Kwizera permission to file a brief on his own behalf. He has not responded.

*1240 We requested counsel to provide additional briefing on probation condition 6.f: “Follow such course of conduct as the probation officer may prescribe.” Penal Code section…

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