P. v. Garcia

Filed 6/30/06 P. v. Garcia 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. Eric M. Nakata, Judge. Affirmed.

Appellate Defenders, Inc., and Leslie A. Rose, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant was charged in an amended information filed May 31, 2005, with one count of possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) and two counts of misdemeanor resisting arrest (Pen. Code, § 148, subd. (a)(1)).^[1] It was further alleged that he had served four prior prison terms (§ 667.5, subd. (b)) and that he had one prior strike offense (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)).

Prior to commencement of trial, defendant made a Marsden (People v. Marsden (1970) 2 Cal.3d 118) motion to relieve his appointed counsel. It was denied.

Before trial, the prosecutor moved to dismiss the misdemeanor charges, and the motion was granted.

After trial commenced, defendant entered into a plea agreement. He entered a plea of guilty to the charge of possession of cocaine, and he admitted the prior strike offense. The remaining allegations were dismissed pursuant to the plea agreement. In return for his plea the District Attorney agreed that defendant would be sentenced to the lower term of 16 months, doubled to 32 months due to the prior strike offense. The written plea agreement, which defendant initialed and signed, also waived his right of appeal.

Defendant was sentenced in accordance with his plea agreement.

Defendant personally filed a notice of appeal. He did not seek nor acquire a certificate of probable cause. (§ 1237.5.)

Defendant has appealed, and at his request we appointed counsel to represent him. Counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a statement of facts, suggesting potential issues on appeal and requesting this court to undertake an independent review of the entire record.

We provided defendant with an opportunity to file a personal supplemental brief, but he has not done so.

We have now completed our independent review and find no arguable issues.

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

/s/ McKinster

Acting P.J.

We concur:

/s/ Gaut

J.

/s/ King

J.

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^[1] All further statutory references are to this code unless otherwise stated.