P. v. Bernal
Filed 5/17/06 P. v. Bernal 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. JORGE H. BERNAL, Defendant and Appellant. | D047640 (Super. Ct. No. SCD185198) |
APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed.
Jorge H. Bernal entered a negotiated guilty plea to two counts of lewd and lascivious conduct with a minor under the age of 14 years and admitted substantial sexual conduct. (Pen. Code, §§ 288, subd. (a), 12030.66, subd. (a)(8).) The court sentenced him to a stipulated eight years in prison: the eight-year upper term on one count with a concurrent term on the second count. The court denied a certificate of probable cause. (Cal. Rules of Court, rule 30(b).) Because Bernal entered guilty a plea, he cannot challenge the facts underlying the convictions. (Pen. Code, § 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.
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 Bernal was properly advised of his constitutional rights and the consequences of his guilty plea and did he voluntarily waive his rights. We granted Bernal 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 Bernal on this appeal.
DISPOSITION
The judgment is affirmed.
McINTYRE, J.
WE CONCUR:
NARES, Acting P. J.
McDONALD, J.
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