P. v. Hennessey

Filed 4/12/07 P. v. Hennessey CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Lassen)

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Defendant Tiambra Marie Hennessey argued with the victim in his home, grabbed a steak knife and cut him on the arm. Defendant entered a negotiated plea of guilty to assault with a deadly weapon, to wit, a knife (Pen. Code, 245, subd. (a)(1)) in exchange for a sentencing lid of the low term of two years, or in the event the court granted probation, outpatient treatment. The court suspended imposition of sentence and granted probation for a term of three years subject to certain terms and conditions including 10 months in county jail and mental health counseling.

Defendant appeals. She did not obtain a certificate of probable cause. (Pen. Code, 1237.5.)

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

In entering her plea, defendant expressly waived her right to appeal in writing and orally. The plea form reflects that defendant initialed the following statement: I understand that I have the right to appeal my conviction. I hereby give up this right, and agree that I shall not appeal this conviction. At the entry of plea hearing, the court explained that to take an appeal, she would have to file a written notice of appeal with the clerk of the court within 60 days of sentencing, the notice of appeal would be sent to the appellate court in Sacramento and an attorney would be appointed. Defendant had no questions about what her right to appeal involved. The trial court asked defendant, Having this in mind, do you waive your right to appeal from the conviction that will result from your plea? Defendant responded, Yes, and defense counsel concurred.

We conclude that the record reflects that defendant knowingly, intelligently and voluntarily waived her right to appeal and will dismiss her appeal. (People v. Panizzon (1996) 13 Cal.4th 68, 79-90.)^[1]

DISPOSITION

The appeal is dismissed.

MORRISON , J.

We concur:

SIMS , Acting P.J.

NICHOLSON , J.

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^[1] In the interest of judicial economy, we do so without requesting supplemental briefing. Any party claiming to be aggrieved may petition for rehearing. (Gov. Code, 68081.)