P. v. Garcia
Filed 4/4/06 P. v. Garcia CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977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. JOSE R. GARCIA, Defendant and Appellant. | D047178 (Super. Ct. No. SCD180869) |
APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed.
Jose R. Garcia entered a negotiated guilty plea to six counts of lewd and lascivious conduct with a minor under the age of 14 years. (Pen. Code, § 288, subd. (a).)[1] He admitted on count 1 there was more than one victim (§ 667.61, subds. (b), (c), (e)). The court sentenced him to prison for 15 years to life on count 1, with concurrent terms on the remaining convictions.[2] 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 possible but not arguable issues: (1) whether Garcia was advised of his constitutional rights and the consequences and he voluntarily waived his rights, and (2) whether the trial court abused its discretion in finding Garcia did not qualify for probation.
We granted Garcia 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 Garcia on this appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, Acting P. J.
WE CONCUR:
AARON, J.
IRION, J.
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[1] All statutory references are to the Penal Code.
[2] Because Garcia entered a guilty plea, he cannot challenge the facts underlying the convictions. (§ 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.
