Filed 1/24/23 P. v. Rivera CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D080362
Plaintiff and Respondent,
v. (Super. Ct. Nos. SCE406635,
SCE409105)
NOE GASTON RIVERA,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County,
Robert O. Amador, Judge. Affirmed.
Jeffrey Manning-Cartwright, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
This appeal is from convictions in two different cases which were
resolved as part of a plea agreement and sentenced in a single judgment.
In case No. SCE409105, Noe Gaston Rivera pleaded guilty to
kidnapping (Pen. Code,1 § 207, subd. (a)). In case No. SCE406635, Rivera
1 All further statutory references are to the Penal Code.
pleaded guilty to one count of assault with force likely to cause great bodily
injury (§ 245, subd. (a)(4)). Rivera admitted the personal infliction of great
bodily injury (§ 12022.7, subd. (a)). He admitted a strike prior (§ 667,
subds. (b)-(i)).
Rivera made a motion to withdraw his guilty plea, which request was
denied by the trial court.
Rivera was sentenced to a total prison term of 13 years, consistent with
the plea agreement.
Rivera filed timely notices of appeal in each case. He did not obtain a
certificate of probable cause (§ 1237.5).
Appellate counsel has filed a brief pursuant to People v. Wende (1979)
25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any
arguable issues for reversal on appeal. Counsel asks the court to review the
record for error as mandated by Wende. We offered Rivera the opportunity to
file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
The guilty pleas did not follow an evidentiary hearing. In his change of
plea, Rivera admitted he committed the elements of each offense.
DISCUSSION
As we have noted, appellate counsel has filed a Wende brief and asks
the court to review the record for error. To assist the court in its review, and
in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel
has identified a possible issue that was considered in evaluating the potential
merits of this appeal: Whether the trial court erred in denying Rivera’s
motion to withdraw his guilty plea.
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We have reviewed the entire record as mandated by Wende and Anders.
We have not discovered any arguable issues for reversal on appeal.
Competent counsel has represented Rivera on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J.
WE CONCUR:
McCONNELL, P. J.
O’ROURKE, J.
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