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P. v. Covarrubias CA2/4

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P. v. Covarrubias CA2/4
By
05:11:2022

Filed 4/13/22 P. v. Covarrubias CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

v.

RACHEL COVARRUBIAS,

Defendant and Appellant.

B313355

(Los Angeles County

Super. Ct. No. VA155835)

APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph R. Porras, Judge. Affirmed.

Teresa Biagini, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant Rachel Covarrubias appeals from the judgment following her no contest plea to assault with a deadly weapon and criminal threats. Because she did not receive a certificate of probable cause, her appeal is limited to matters occurring after entry of her plea which do not affect the validity of the plea. (Cal. Rules of Court, rule 8.304(b)(3).) Her counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have conducted an independent examination of the entire record and conclude no arguable issues exist. We therefore affirm.

Factual and procedural background

A felony complaint filed April 27, 2021, charged defendant with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1), count 1) and criminal threats (Pen. Code, § 422, subd. (a), count 2). It was also alleged that defendant had suffered two prior serious or violent felony convictions. (Pen. Code, §§ 677, subds. (b)-(i), 1170.12, subds. (a)-(d).)

On May 5, 2021, defendant pled no contest to counts 1 and 2. The trial court accepted defendant’s plea and sentenced her to two years for each count, to run concurrently, for a total of two years in state prison. Pursuant to the plea agreement, the court dismissed the remaining allegations. Defendant timely appealed.[1]

On appeal, defendant’s appointed counsel filed a Wende brief. We directed counsel to send the record and a copy of the brief to defendant and notified defendant of her right to respond within 30 days. We have received no response.

DISCUSSION

We have independently reviewed the entire record. We are satisfied that no arguable issues exist, and defendant has received effective appellate review of the judgment entered against her. (Smith v. Robbins (2000) 528 U.S. 259, 277–279; People v. Kelly (2006) 40 Cal.4th 106, 123–124.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

WILLHITE, J.

We concur:

MANELLA, P. J. CURREY, J.


[1] We construed defendant’s petition for writ of habeas corpus filed on June 30, 2021, as a notice of appeal of the May 5, 2021 judgment of conviction.





Description Defendant Rachel Covarrubias appeals from the judgment following her no contest plea to assault with a deadly weapon and criminal threats. Because she did not receive a certificate of probable cause, her appeal is limited to matters occurring after entry of her plea which do not affect the validity of the plea. (Cal. Rules of Court, rule 8.304(b)(3).) Her counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have conducted an independent examination of the entire record and conclude no arguable issues exist. We therefore affirm.
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