P. v. Caldera
Filed 4/19/07 P. v. Caldera CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. JASON J. CALDERA, Defendant and Appellant. | E041495 (Super.Ct.No. FSB56599) OPINION |
APPEAL from the Superior Court of San Bernardino County. Michael M. Dest, Judge. Affirmed.
Anna M. Jauregui, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
On June 21, 2006, defendant was charged with a number of felonies which had occurred on June 19. On July 26, the trial court pointed out to defendant that he faced a prison term of over 18 years. The prosecutor made two offers to defendant, which she agreed to keep open until August 16, so defendant could discuss them with his lawyer. On August 16, after stating that he had had enough time to discuss his case with his attorney and denying that anyone had forced him to enter a plea, defendant pled guilty to assault with a deadly weapon (Pen. Code, 245, subd. (a)(1))[1]and admitted having suffered a strike prior ( 667, subds. (b)-(i)) and a prior for which he served a prison term. ( 667.5, subd.(b).) As part of his plea bargain, defendant waived his right to appeal. He was sentenced to the agreed-to term of 5 years in prison. His request for a certificate of probable cause was denied by the trial court.
Facts
Counsel below stipulated that if the trial court were to read the complaint and/or the police reports attached to it, which are not part of the record before this court, it and/or they would provide a factual basis for the plea. There are no other facts about the crime in the record before this court.
Defendants appeal
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende(1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to undertake a review of the entire record
We invited defendant to submit a personal supplemental letter brief, which he has done. In his two-page brief, defendant claims that he did not commit the crime, that he was rushed into entering into the plea and did so because of fear, and his sentence was too harsh. However, he admitted below that he had committed the offense and he agreed to the sentence that was imposed. The record does not support his contention that he was rushed or forced into pleading guilty. Moreover, his claims are foreclosed by his waiver of his right to appeal and the trial courts denial of his request for a certificate of probable cause. (People v. Pannizon (1996) 13 Cal.4th 68, 76; People v. Mendez (1999) 19 Cal.4th 1084, 1094, 1098; People v. Hunter (2002) 100 Cal. App.4th 37.)
Disposition
The judgment is affirmed.
RAMIREZ
P.J.
We concur:
HOLLENHORST
J.
RICHLI
J.
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[1] All further references are to the Penal Code unless otherwise indicated.
