Filed 9/19/18 P. v. Chadwick CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. WILLIE CHADWICK, Defendant and Appellant. |
A152767
(Solano County Super. Ct. No. FCR324618)
|
Appellant Willie Chadwick appeals from a judgment of conviction following a jury trial. After the jury issued its verdicts but before sentencing, appellant waived his right to appeal as part of a negotiated disposition in this and several other cases. Appellant’s counsel has raised no issue on appeal and asks this court for an independent review of the record to determine whether there are any arguable issues. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) Appellate counsel advised appellant of his right to file a supplementary brief to bring to this court’s attention any issue he believes deserves review. (People v. Kelly (2006) 40 Cal.4th 106.) Appellant has not filed such a brief. We have reviewed the record, find no arguable issues, and affirm.
BACKGROUND
In April 2017, a jury convicted appellant of assault by means likely to inflict great bodily injury (Pen. Code, § 245, subd. (a)(4))[1] and misdemeanor battery (§ 242). As to the assault count, the jury found true an allegation that appellant personally inflicted great bodily injury (§ 12022.7, subd. (a)). In a bifurcated proceeding, the court found true allegations that appellant suffered a prior serious felony conviction (§ 667, subd. (a)(1)) and a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12).
In October 2017, the parties reached, and the court accepted, a negotiated resolution in this case and others: appellant pled no contest to certain counts in two other cases and waived his right to appeal in this case, in exchange for a stipulated aggregate sentence of 16 years in this case and concurrent sentences in the two other cases, the dismissal of multiple other cases, and the termination of pending probation cases. The court subsequently sentenced appellant to an aggregate term of 16 years in this case.
DISCUSSION
Appellant was adequately represented by legal counsel during the negotiated disposition proceedings in which he waived his right to appeal. Appellant completed a plea form that stated he was waiving his right to appeal in this case; the trial court confirmed appellant understood he was waiving his right to appeal in this case, and the court found appellant understood the consequences of his pleas and knowingly and voluntarily waived his rights. The sentence was consistent with the negotiated agreement. The custody credits were proper. (§§ 667.5, subd. (c)(8), 2933.1.) No other issues are cognizable on appeal in light of appellant’s waiver. (People v. Aparicio (1999) 74 Cal.App.4th 286, 289.)
DISPOSITION
The judgment is affirmed.
SIMONS, Acting P.J.
We concur.
NEEDHAM, J.
BRUINIERS, J.
(A152767)
[1] All undesignated section references are to the Penal Code.
