P. v. Williams
Filed 10/19/06 P. v. Williams 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. DONDRE DESHON WILLIAMS, Defendant and Appellant. | D048484 (Super. Ct. No. SDC196024) |
APPEAL from a judgment of the Superior Court of San Diego County, Gale E. Kaneshiro and David J. Danielsen, Judges. Affirmed.
After the court denied a motion to suppress evidence (Pen. Code, § 1538.5), Dondre Deshon Williams entered a negotiated guilty plea to possessing a controlled substance for sale (Health & Saf. Code, § 11351.5) and admitted a prior strike (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, 668). Included in the plea agreement was Williams's waiver of his right to appeal the denial of the motion to suppress evidence, issues related to the prior strike and the stipulated sentence. The court denied Williams's request to dismiss the prior strike (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) and to withdraw the guilty plea and sentenced him to a stipulated six years in prison: double the three-year lower term for possessing a controlled substance for sale with a prior strike. The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 30(b).)[1]
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 a possible but not arguable issue whether Williams can challenge on appeal the denial of his motion to suppress evidence after waiving in the plea agreement his right to do so.
We granted Williams 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 Williams on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J.
WE CONCUR:
McCONNELL, P. J.
McINTYRE, J.
Publication Courtesy of San Diego County Legal Resource Directory.
Analysis and review provided by San Diego County Property line attorney.
[1] Because Williams entered a guilty plea, 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.
