Filed 8/10/15 P. v. Sandoval CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D067344
Plaintiff and Respondent,
v. (Super. Ct. No. SCS268111)
ALICIA SANDOVAL,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County,
Garry G. Haehnle, Judge. Affirmed.
Leslie A. Rose, under appointment by the Court of Appeal, for Defendant
and Appellant.
No appearance for Plaintiff and Respondent.
Alicia Sandoval pleaded guilty to burglary. The parties stipulated that the
value of the property was over $950. The parties agreed that Sandoval would be
screened for the drug court program. If Sandoval was not accepted into the
program, she would be placed on probation and ordered to serve 365 days in
custody in a residential treatment program. As part of her guilty plea, Sandoval
waived issues relating to her stipulated sentence and any strike priors.
In accordance with the parties' agreement, the trial court suspended
imposition of sentence and placed Sandoval on probation with a condition that she
serve 365 days in local custody. The court awarded 76 days of presentence custody
credit and ordered Sandoval released to a residential treatment program.
Sandoval appealed, challenging the validity of her plea. She requested a
certificate of probable cause, stating: "I have probable cause to believe that I was
charged with a felony burglary PC 459 when my charge was under the amount of
$950.00. District Attorney verbally made it $950.00, and I would keep my felony
charge. I believe I am entitled to Prop 47, and my felony would be a
misdemeanor." The court denied Sandoval's request for a certificate of probable
cause.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and
proceedings below. She 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
(Wende). Under Anders v. California (1967) 386 U.S. 738 (Anders), she listed as
possible but not arguable issues, whether (1) Sandoval's waiver of her right to
appeal was valid, (2) Sandoval's guilty plea was constitutionally valid, (3) the trial
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court abused its discretion in denying Sandoval's request for a certificate of
probable cause, (4) there was a sufficient factual basis for the guilty plea, and
(5) the conviction for petty theft with a prior should be reduced to a misdemeanor in
light of Proposition 47, enacted by voters in November 2014. We granted Sandoval
permission to file a brief on her own behalf. She has not responded.
Our review of the record pursuant to Wende, including the possible issues
listed by counsel pursuant to Anders, has disclosed no reasonably arguable issues on
appeal. Moreover, the issues raised by counsel are not cognizable in the absence of
a certificate of probable cause. Without a certificate of probable cause, Sandoval
cannot contest the validity of her plea; the only issues cognizable on appeal are
issues relating to the validity of a denial of a motion to suppress or issues relating to
matters arising after the plea was entered. (Pen. Code, § 1237.5; Cal. Rules of
Court, rule 8.304(b)(4).) A certificate of probable cause is also required to
challenge an agreed upon sentence where, as here, the court exercised no discretion
at sentencing. (People v. French (2008) 43 Cal.4th 36, 43-44.) Denial of a
certificate of probable cause is reviewable only by timely petition for a writ of
mandate. (People v. Castelan (1995) 32 Cal.App.4th 1185, 1188.) Sandoval did
not file a petition for writ of mandate.
Based on our independent review of the complete record, we find no
arguable appellate issues. Competent counsel has represented Sandoval on this
appeal.
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DISPOSITION
The judgment is affirmed.
MCINTYRE, J.
WE CONCUR:
MCDONALD, Acting P. J.
O'ROURKE, J.
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