P.

P. v. Saechao CA1/1

Good Law
Court of Appeal of CaliforniaMay 31, 2013A137512California225 words

Opinion

Opinion

DISCUSSION

On January 3, 2013, defendant sought the issuance of a certificate of probable cause. That request was denied by the superior court on March 18, 2013. Under the mandate of section 1237.5, and because a certificate of probable cause was denied by the trial court, the only conceivable issues on appeal are sentencing issues and any denial of a section 1538.5 motion. Defendant did not file a 1538.5 motion. Nor is sentencing an issue because as already noted, the sentence specifically contemplated by the plea agreement was verbally agreed to by defendant in open court. Further, defendant, prior to the entry of his plea, signed and initialed a waiver of rights form and was thoroughly and accurately advised by the court of his rights and the consequences of his plea which he freely and voluntarily waived. We find nothing in the record to indicate that defendant lacked competence or understanding to enter the plea. Defendant was ably represented by counsel throughout the proceedings. In sum, we have reviewed the record on appeal and find no issues requiring further briefing. The judgment is affirmed.

3 _________________________ Margulies, Acting P.J.

We…

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