P. v. Wilson



Filed 3/9/11 P. v. Wilson CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. JONATHAN WILSON, Defendant and Appellant.

E051435 (Super.Ct.No. FVI1000089) OPINION

APPEAL from the Superior Court of San Bernardino County. Bridgid M. McCann, Judge. Affirmed with directions.
Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Jonathan Wilson was charged with two counts of robbery. (Pen. Code, § 211, counts 1 & 2.) He entered into a plea agreement and pled guilty to count 1. In exchange, the prosecution agreed to dismiss the remaining count. Defendant subsequently filed a motion to withdraw his plea, alleging that at the time of the plea, he was confused as to the evidence against him, and he told different people there could be evidence that could exonerate him. The People filed an opposition. The motion was heard, and the trial court denied it. The trial court then sentenced defendant to three years in state prison and dismissed the remaining count, pursuant to the terms of the plea agreement. In addition, the trial court ordered him to pay various fines and fees, including a booking fee of $79.86 to the City of Victorville.^[1] Defendant did not raise any objections to the fees or fines.
Defendant filed a notice of appeal, challenging the validity of his plea. He filed a request for certificate of probable cause, which the trial court denied. He subsequently filed an amended notice of appeal, indicating he wished to challenge the sentence or other matters occurring after the plea, as well as the validity of his plea. He filed another request for certificate of probable cause, which the trial court also denied. We note an amendment that should be made in the abstract of judgment. Otherwise, we affirm.

FACTUAL BACKGROUND
Defendant was charged with and admitted that, on or about January 11, 2010, he punched the victim in the face and ripped a gold chain from the victim's neck. A codefendant took a cell phone from the victim's brother. When the victim told defendant and the codefendant to leave his brother alone, defendant pulled a semiautomatic handgun from his waistband and pointed it at the victim. The victim and his brother ran away.
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and one potential arguable issue--whether the trial court erred in ordering defendant to pay a $79.86 booking fee, since the imposition of the fee â€