Filed 7/1/13 P. v. Keller CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D063198
Plaintiff and Respondent,
v. (Super. Ct. No. SCD242318)
ROBYN KELLER,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Laura W.
Halgren, Judge. Affirmed.
Appellate Defenders, Inc. and Patrick E. DuNah, for Defendant and Appellant
No appearance by Plaintiff and Respondent.
Robyn Keller entered a negotiated guilty plea to possessing methamphetamine
(Health & Saf. Code, § 11377, subd. (a)) (count 1) and reckless driving (Veh. Code,
§ 23103, 23103.5) as a lesser included offense of driving under the influence (Veh. Code,
§ 23152) (count 2). The court placed her on three years of summary probation. Keller
appeals. We affirm.
BACKGROUND
Keller possessed a usable amount of methamphetamine and drove recklessly with
an "intox[icating] substance involved."
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and
proceedings below. Counsel presents no argument for reversal, but asks this court to
review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436
(Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel
mentions as a possible, but not arguable, issue whether Keller's plea was constitutionally
valid.
We granted Keller permission to file a brief on her own behalf. She has responded
with the following contentions. Law enforcement officers searched Keller's person and
vehicle without her permission. They were prejudiced against her. They handcuffed her
so tightly that her circulation was cut off. Keller has back problems, knee problems and
anxiety due to her boxing career. Keller told her retained attorney that she did not want
to plead guilty because she was innocent. At the change of plea hearing, Keller was in a
wheel chair, crying and unable to "get [her] breath to talk."
Because Keller did not obtain a certificate of probable cause, she cannot challenge
the validity of her guilty plea. (Pen. Code, § 1237.5; People v. Mendez (1999) 19 Cal.4th
1084, 1095.) In addition, Keller did not file a motion to suppress in the trial court
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(Pen. Code, § 1538.5), and in any case, Keller waived her right to appeal the denial of
any suppression motion. The record does not show any impropriety in the trial court
proceedings, and on appeal we cannot review matters that are outside the scope of the
record. (People v. Roberts (1963) 213 Cal.App.2d 387, 394.)
A review of the record pursuant to Wende and Anders, including the possible issue
listed pursuant to Anders, has disclosed no reasonably arguable appellate issues. Keller
has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
AARON, J.
WE CONCUR:
NARES, Acting P. J.
O'ROURKE, J.
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