Filed 8/18/14 P. v. Podgurski CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D065316
Plaintiff and Respondent,
v. (Super. Ct. No. SCD246535)
WANDA PODGURSKI,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Eugenia
Eyherabide, Judge. Affirmed.
Boyce & Schaefer and Robert E. Boyce, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
Wanda Podgurski entered a guilty plea to one count of failure to appear while on
bail (Pen. Code,1 § 1320.5). She admitted the allegation that at the time of the offense
she had been released from custody on bail (§ 12022.1, subd. (b)). The trial court
1 All further statutory references are to the Penal Code unless otherwise specified.
imposed a sentence of two years eight months to be served consecutively to a sentence
imposed in case No. SCD227563.2
Appellate counsel has filed a brief pursuant to People v. Wende (1979)
25 Cal.3d 436 (Wende), and Anders v. California (1967) 386 U.S. 738 (Anders)
requesting this court to review the record on appeal for possible error. We offered
Podgurski the opportunity to file her own brief on appeal, but she has not responded.
STATEMENT OF FACTS
Since this is an appeal from a guilty plea, we only have the appellant's statement of
the offense from the change of plea form. She admitted that she "unlawfully and
willfully failed to appear as required in court having been charged with the commission
of a felony and released from custody on bail and to evade the process of the court."
DISCUSSION
As we have indicated, appellate counsel has filed a brief pursuant to Wende, supra,
25 Cal.3d 436, indicating he has been unable to identify any reasonably arguable issues
for reversal on appeal. He asks this court to review the record for error as mandated by
Wende. Appellate counsel has not complied with the requirement of Anders, supra,
386 U.S. 738, to identify any possible, but not arguable issues. However, given the
simplicity of this case, we are able to conduct an appropriate review of the appeal in a
search for any reasonably arguable issues. While we do not approve of counsel's failure
2 The case is now pending in this court in case No. D064114.
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to fully comply with Anders, we are satisfied any error on his part is harmless beyond any
reasonable doubt.
We have examined the entire record. Podgurski was fully apprised of her rights
and the consequences of her plea. The record contains a factual basis for the plea and the
trial court's sentencing was within its discretion and in accordance with the possible
consequences with which Podgurski was advised. She was represented by counsel
throughout the proceeding. Counsel filed a statement in mitigation and vigorously
advocated for the minimum punishment required for the offense. Having examined the
record, we are satisfied there is no arguable issue for reversal on appeal contained in this
record.
Although appellate counsel did not comply with the mandates of Anders, supra,
386 U.S. 738, we find that Podgurski has been represented by competent counsel on this
appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J.
WE CONCUR:
McCONNELL, P. J.
HALLER, J.
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