P. v. Dowson
Filed 9/19/06 P. v. Dowson CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE, Plaintiff and Respondent, v. DOUGLAS A. DOWSON, Defendant and Appellant. | D047827 (Super. Ct. No. SCD189855) |
APPEAL from a judgment of the Superior Court of San Diego County, Kerry Wells, Judge. Affirmed.
After the court denied a motion to suppress evidence (Pen. Code, § 1538.5), Douglas A. Dowson entered a negotiated guilty plea to sodomy of an intoxicated person (Pen. Code, § 286, subd. (i)). He waived appeal from denial of the motion to suppress evidence and gave a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754.) The court sentenced him to prison for the three-year lower term. The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 30(b).)
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. 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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as a possible but not arguable issue whether the trial court erred in denying probation.[1]
We granted Dowson permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Dowson on this appeal.
DISPOSITION
The judgment is affirmed.
AARON, J.
WE CONCUR:
O'ROURKE, Acting P. J.
IRION, J.
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[1] Because Dowson entered a guilty plea, he cannot challenge the facts underlying the conviction. (Pen. Code, § 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.
