Filed 6/13/22 P. v. Degurse CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JERRY PAUL DEGURSE, Defendant and Appellant. |
A163934
(Mendocino County Super. Ct. Nos. 21CR00246; 21CR01161)
|
Defendant Jerry Degurse appeals from a judgment entered after he pleaded no contest to being a prohibited person in possession of ammunition and smuggling an unauthorized substance into jail, pursuant to two separate plea agreements. Degurse’s court-appointed counsel has asked this court to independently examine the record in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine if there are any arguable issues that require briefing. Degurse’s counsel informed him of his right to file a supplemental brief, and he did not do so. We have independently reviewed the record in accordance with our Wende obligations and find no arguable issues. We thus affirm.
BACKGROUND
Case No. 21CR00246
On March 15, 2021, at approximately 6:32 p.m., Mendocino County Sherriff’s Deputy Siderakis pulled Degurse over in Willits in a black GMC Yukon with an expired license registration tag. When asked, Degurse admitted that he was on probation and Deputy Siderakis learned that Degurse had several active warrants for his arrest from Siskiyou County. Degurse consented to a search of his person and his vehicle, which produced a red ice chest containing over 1,000 rounds of ammunition. After learning that Degurse was prohibited from possessing firearms or ammunition because of his prior felony convictions, Deputy Siderakis placed Degurse under arrest.
On March 17, the Mendocino County District Attorney filed a criminal complaint charging Degurse with being a prohibited person in possession of ammunition (Pen. Code § 30305, subd. (a)(1))[1] (count 1), misdemeanor driving with a suspended or revoked license (Veh. Code § 14601.2, subd. (a)) (count 2), and misdemeanor operating a motor vehicle without an interlock device (Veh. Code § 23247, subd. (e)) (count 3). With respect to count 2, the complaint alleged that Degurse had numerous previous convictions for driving with a license suspended for DUI (Veh. Code § 14601.2, subd. (a)).
On March 30, Degurse entered into a plea agreement whereby he pled no contest to count 1 (§ 30305, subd. (a)(1)) in exchange for a 16-month prison sentence with execution suspended, two years probation, and dismissal of the remaining charges.
On April 22—consistent with the plea agreement—the trial court sentenced Degurse to 16 months in state prison, suspended execution of sentence, and placed Degurse on formal probation for two years.
Case No. 21CR01161
On June 21, Degurse was arrested in Mendocino County for a misdemeanor drug offense and was transported to jail. During the booking process, Degurse was discovered to have methamphetamine in his possession.
On June 23, the Mendocino County District Attorney filed a felony complaint charging Degurse with smuggling an unauthorized substance into jail (§ 4573) (count 1).
On August 24, pursuant to a plea agreement, Degurse pled no contest to count 1 in exchange for a term of two years in state prison, to be served concurrently with his sentence in Case No. 21CR00246. The trial court found Degurse in violation of his probation in Case No. 21CR00246 based on his plea.
On September 16, the trial court ordered the previously suspended 16-month sentence in Case No. 21CR00246 executed, to be served concurrently with the two-year sentence in Case No. 21CR01161.
On November 1, Degurse filed a notice of appeal. He also requested a certificate of probable cause, which was denied.
DISCUSSION
We have reviewed the record on appeal for any arguable issues.
Degurse was sentenced after no contest pleas and requested, but did not obtain, a certificate of probable cause. Any issues as to the validity of his pleas are not before us. (§ 1237.5.) The written plea agreements contain detailed waivers of Degurse’s rights and acknowledgements of the consequences of each plea, initialed and signed by Degurse. Before entering each of his no contest pleas, defendant confirmed that he was waiving these rights in order to enter his plea, and there is no indication he did not understand his rights, including the rights he was waiving. The court found defendant had knowingly, voluntarily, and intelligently waived his rights and that his pleas were voluntary. There was a factual basis for each plea.
The sentence imposed is authorized by law.
Based on our review of the record, defendant was represented by competent counsel who acted to protect his rights and interests.
We conclude there are no arguable issues within the meaning of People v. Wende, supra, 25 Cal.3d 436.
DISPOSITION
The judgment is affirmed.
_________________________
Richman, Acting P. J.
We concur:
_________________________
Stewart, J.
_________________________
Miller, J.
People v. Degurse(A163934)
[1] Further undesignated statutory references are to the Penal Code.
