People v. Cook CA4/1
Opinion
Opinion
Dato, J.
DISCUSSION
We appointed appellate counsel for Cook. Appointed appellate counsel filed a brief summarizing the facts and proceedings below. Counsel 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. Counsel identified the following issue that “might arguably support the appeal” (People v. Anders (1967) 386 U.S. 738, 744) whether: the guilty pleas were invalid because Cook did not knowingly and intelligently waive his constitutional rights. On January 26, 2024, we advised Cook that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. He did not submit a response. Cook’s notice of appeal did not request a certificate of probable cause. Without a certificate of probable cause, he cannot contest the validity of his plea; the only issues cognizable on appeal are issues relating to the validity of
3 a denial of a motion to suppress or issues relating to matters arising after the plea was entered. (§ 1237.5; Cal. Rules of Court, rule 8.304(b)(3); see generally, People v. Johnson (2009) 47 Cal.4th 668, 676–681.) There was no motion to suppress. We…