Filed 8/20/15 P. v. Lopez CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D067542
Plaintiff and Respondent,
v. (Super. Ct. No. SCS276402)
DANIEL JIMENEZ LOPEZ,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Garry G.
Haehnle, Judge. Affirmed.
Anna M. Jauregui, under appointment by the Court of Appeal for Defendant and
Appellant.
No appearance for Respondent.
INTRODUCTION AND BACKGROUND
Daniel Jimenez Lopez pleaded guilty to importing over one kilogram of
methamphetamine into California (Health & Saf. Code, §§ 11379, subd. (a), 11370.4,
subd. (b)(1)). As the factual basis for his plea, he acknowledged he "unlawfully imported
into this state or offered to import into this state a controlled substance, that being
methamphetamine, and its weight exceeded one kilogram." The trial court imposed a
stipulated sentence of six years in jail. The court later denied his request for a certificate
of probable cause.
DISCUSSION
Lopez appeals. His notice of appeal limits the issues on appeal to sentencing or
other matters occurring after the plea that do not affect the plea's validity (Cal. Rules of
Court, rule 8.304(b)(4)).
Appointed appellate counsel filed a brief summarizing the facts and proceedings
below. Counsel presented no argument for reversal and instead requested we
independently review the record for error as mandated by People v. Wende (1979) 25
Cal.3d 436, 441-442. To aid our review, counsel identified one possible issue (see
Anders v. California (1967) 386 U.S. 738, 744): whether the court correctly sentenced
Lopez in accordance with the plea bargain.
We granted Lopez permission to file a supplemental brief on his own behalf. He
submitted a supplemental brief to appellate counsel, who submitted it to us after
translating it and excising attorney-client privileged matters. The brief does not assert
any trial court errors. Rather, it states Lopez is a family man with five children whom he
misses, he has never been drunk and is not a drug addict, he has a consistent work
history, he has never had problems with authorities in either Mexico or the United States,
he has never previously been incarcerated, and he would like to serve less time.
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After independently reviewing the record for error and considering the points in
appellate counsel's and Lopez's briefs, we were unable to identify any reasonably
arguable appellate issue and, therefore, affirm the judgment. Lazarus was competently
represented in this appeal.
DISPOSITION
The judgment is affirmed.
MCCONNELL, P. J.
WE CONCUR:
BENKE, J.
MCDONALD, J.
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