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P. v. Pace

P. v. Pace
10:31:2006

P. v. Pace


Filed 10/26/06 P. v. Pace 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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.


CARLIN MICHAEL PACE,


Defendant and Appellant.



D047902


(Super. Ct. Nos. SCD183759 &


SCD184505)



APPEAL from a judgment of the Superior Court of San Diego County, Robert F. O'Neill, Judge. Affirmed.


In consolidated cases SCD183759 and SCD184505, Carlin Michael Pace entered negotiated guilty pleas to attempted murder (Pen. Code, §§ 664, 187, subd. (a)) and discharging a firearm at an occupied motor vehicle (Pen. Code, § 246). He admitted personally using a firearm during the attempted murder. (Pen. Code, § 12022.5.) The court sentenced him to a stipulated 19 years in prison: the 9-year upper term for attempted murder enhanced by the 10-year upper term for personal firearm use. It imposed a concurrent terms on the conviction of discharging a firearm at an occupied motor vehicle. The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 30(b).)


DISCUSSION


Pace entered guilty pleas so 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. 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 the 19-year sentence is cruel and unusual punishment; (2) whether the trial court abused its discretion in failing to consider mitigating factors at sentencing; and (3) whether the trial court abused its discretion in failing to provide reasons for its sentencing choices.


We granted Pace 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 Pace on this appeal.


DISPOSITION


The judgment is affirmed.



McINTYRE, J.


WE CONCUR:



McDONALD, Acting P. J.



O'ROURKE, J.


Publication courtesy of San Diego free legal advice.


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Description In consolidated cases defendant entered negotiated guilty pleas to attempted and discharging a firearm at an occupied motor vehicle. The court sentenced him to a stipulated 19 years in prison. Defendant appeals requesting the court to independently review the record. Judgment Affirmed.
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