P. v. Wells

Filed 6/30/06 P. v. Wells CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

Defendant Keir Anthony Wells appeals his conviction by plea of no contest to evading a police officer causing injury (Veh. Code, § 2800.3) (count 1) and driving under the influence causing injury (Veh. Code, § 23153, subd. (a)) (count 3). In return for that plea, charges of child abuse (Pen. Code, § 273a, subd. (a)) (count 2), leaving the scene of an accident (Veh. Code, § 20001, subd. (a)) (count 4), and resisting a police officer (Pen. Code, § 148, subd. (a)(1)) (count 5) were dismissed and a sentence of five years eight months in state prison was agreed upon. The court imposed the agreed upon sentence.

Background

According to the information, on January 2, 2004, defendant was driving his car while under the influence of a controlled substance. Defendant did not comply when a police officer attempted to pull him over. As a result, defendant's child was injured.

Defendant waived his right to a preliminary hearing. At the May 25, 2004 readiness conference, defendant executed a plea form and entered a change of plea of no contest to counts 1 and 3. In return, certain other charges and enhancements were dismissed and a state prison sentence of five years eight months was promised. Defendant was properly advised by the court of the nature and consequences of his no contest plea, and, in the written plea form, defendant stipulated to a factual basis for the plea. Defendant waived his right to a probation report The court then sentenced defendant pursuant to the agreement, denying probation and imposing a five-year aggravated-term sentence for count 1 and a consecutive eight-month midterm for count 3.

Defendant was represented by counsel throughout the proceedings.

On September 7, 2005, counsel for defendant on appeal filed a brief seeking our independent review of the record to determine whether it contains any arguable issues. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) We directed the parties to brief whether the trial court had properly obtained a factual basis for the guilty plea. (People v. Holmes (2004) 32 Cal.4th 432.)

Discussion

Holmes reaffirmed the requirement set out in Penal Code section 1192.5^[1] that a trial court must obtain a factual basis for a defendant's guilty plea from the defendant or his counsel. (People v. Holmes, supra, 32 Cal.4th at pp. 438-439.) â€