P. v. White
Filed 5/16/07 P. v. White CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. ENNIS E. WHITE, Defendant and Appellant. | D048850 (Super. Ct. No. SCD197055) |
APPEAL from a judgment of the Superior Court of San Diego County, Timothy R. Walsh, Judge. Affirmed.
Ennis E. White entered a negotiated guilty plea to second degree burglary. (Pen. Code, 459.) The court sentenced him to a stipulated two-year middle term in prison. The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b).)
FACTS
When White entered the guilty plea, he admitted entering a business to pass a counterfeit check. The record does not include a probation report or a preliminary hearing transcript. However, having entered a guilty plea, White 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 in greater detail.
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 there was a sufficient factual basis for the guilty plea, and (2) whether White's guilty plea was constitutionally valid.
We granted White permission to file a brief on his own behalf. At White's request, we granted four extensions of time to file the supplemental brief. White has not filed a supplemental brief. 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 White on this appeal.
DISPOSITION
The judgment is affirmed.
McINTYRE, J.
WE CONCUR:
NARES, Acting P. J.
AARON, J.
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