P. v. Graham









Filed 12/19/11 P. v. Graham CA2/5





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, v. KEVIN W. GRAHAM, Defendant and Appellant.

B233100 (Los Angeles County Super. Ct. No. MA048228)

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed.
Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance on behalf of Plaintiff and Respondent.
Appellant pled no contest to possession of cocaine for sale (Health & Saf. Code, § 11351.5, subd. (a)), evading a peace officer (Veh. Code, § 2800.2, subd. (a), and driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a)). Appellant admitted he was previously convicted of a felony within the meaning of Penal Code sections 1170.12, subdivision (a) through (d) and 667.5, subdivision (b). Pursuant to a plea agreement, appellant was sentenced to eight years, four months in state prison. Appellant filed a notice of appeal and counsel was appointed to represent him on appeal.
Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 indicating he had reviewed the record and found no appealable issues. Counsel advised appellant that appellant could file a supplemental brief within 30 days.
Appellant filed a letter which we construe to be a supplemental brief. Appellant requests we “investigate” whether his prior conviction was the result of a plea that was both knowing and intelligent. Prior to entering his plea in the instant case, appellant’s motion to dismiss the prior conviction on this ground was denied.
Because appellant pled no contest and admitted the prior conviction, he may not challenge the validity of the prior conviction on appeal. (See People v. La Jocies (1981) 119 Cal.App.3d 947, 956-957 [guilty plea waives constitutional challenge to prior conviction].) Moreover, to the extent appellant argues the use of the prior conviction rendered his plea invalid, it is rejected because he did not obtain a certificate of probable cause. (Pen. Code, § 1237.5, subd. (b); Cal. Rules of Court, rule 8.304(b)(5); People v. Lobaugh (1987) 188 Cal.App.3d 780, 785.)
The notice of appeal indicates the appeal is “based on the sentence or other matters occurring after the plea that do not affect the validity of the plea.” We have reviewed the record and find no arguable issues relating to these matters. (Smith v. Robbins (2000) 528 U.S. 259, 284.)




The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


KUMAR, J.*


We concur:


TURNER, P. J.


KRIEGLER, J.

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