P. v. Stangler
Filed 6/13/06 P. v. Stangler 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. MICHAEL STANGLER, Defendant and Appellant. | D046924 (Super. Ct. No. SCD174319) |
APPEAL from a judgment of the Superior Court of San Diego County, Janet I. Kintner, Judge. Affirmed.
Michael Stangler entered a negotiated guilty plea to child abuse (Pen. Code, § 273a, subd. (a)),[1] and inflicting corporal injury on a child (§ 273d, subd. (a)). He admitted inflicting great bodily injury on a child under the age of five years in both counts. (§ 12022.7, subd. (d).) The court sentenced him to prison for 12 years: the six-year upper term for child abuse, enhanced by the six-year upper term for inflicting great bodily injury on a child under the age of five years. It stayed sentence for inflicting corporal injury on a child. (§ 654.)[2] The court denied a certificate of probable cause. (Cal. Rules of Court, rule 30(b).)
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 the trial court erred in including in the orders that Stangler pay a $20 court security fee and submit to DNA testing as reflected in the abstract of judgment without mentioning these requirements orally at the sentencing hearing.
We granted Stangler 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 Stangler on this appeal.
DISPOSITION
The judgment is affirmed.
HALLER, J.
WE CONCUR:
BENKE, Acting P. J.
McINTYRE, J.
Publication courtesy of California free legal advice.
Analysis and review provided by Carlsbad Apartment Manager Attorneys.
[1] All statutory references are to the Penal Code.
[2] Because Stangler entered a guilty plea, he cannot challenge the facts underlying the convictions. (§ 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.
