P. v. Winchester
Filed 5/16/06 P. v. Winchester CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. CHARLES ROBERT WINCHESTER, Defendant and Appellant. | G035665 (Super. Ct. No. 04WF0539 ) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, M. Marc Kelly, Judge. Affirmed.
Neil F. Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
* * *
We appointed counsel to represent appellant on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on appellant's behalf. We have examined the record and found no arguable issue. (People v. Wende (1979) 25 Cal.3d 436.) Appellant was given 30 days to file a written argument in his own behalf. That period has passed, and we have received no communication from him.
Appellant's plea was meticulously taken, we find no flaw in the Tahl form (In re Tahl (1969) 1 Cal.3d 122), and, because appellant took advantage of the opportunity to plead guilty at an early stage of the proceedings, thus securing a more lenient disposition, there is no factual record to review other than an unobjectionable preliminary hearing.
Unfortunately for appellant, he complains primarily of a denial of his motion to withdraw his plea due to inadequacy of trial counsel. Such a motion cannot be brought after judgment if the defendant has been committed to state prison. (Pen. Code, § 1018.) Appellant's only remedy is, therefore, a petition for a writ of habeas corpus. We express no opinion on the merits vel non of such a petition.
The judgment is affirmed.
BEDSWORTH, ACTING P. J.
WE CONCUR:
O'LEARY, J.
MOORE, J.
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