Filed 10/16/17 P. v. Urrea CA4/1
Reposted to provide correct version
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE,
Plaintiff and Respondent,
v.
FAUSTO JESUS URREA,
Defendant and Appellant.
| D071945
(Super. Ct. No. JCF37225) |
APPEAL from a judgment of the Superior Court of Imperial County, Diane B. Altamirano, Judge. Affirmed.
Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Fausto Jesus Urrea appeals from the judgment of the superior court that in principal part sentenced him to state prison for three years. Urrea's brief on appeal, filed by appointed appellate counsel, presents no argument for reversal, but invites this court to review the record for error in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende). Urrea did not respond to separate invitations from appellate counsel and from this court to file a supplemental brief. After independently reviewing the entire record for error as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In December 2016, Urrea pleaded no contest to one count of unauthorized possession of controlled substances in prison, in violation of Penal Code section 4573.6, subdivision (a). In February 2017, the superior court sentenced Urrea to the midterm of three years in state prison, awarded him a total of 172 days credit, and imposed various fines and fees.
At the end of March 2017, Urrea filed a two-page handwritten document that provides in part: "I wish to appeal . . . ." In early April 2017, Appellate Defenders, Inc. timely filed an amended notice of appeal from the February 2017 judgment.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal and asks this court to review the record for error as mandated by Wende, supra, 25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, counsel has identified the following issues that "might arguably support the appeal" (id. at p. 744): (1) whether Urrea was properly advised of the consequences of pleading guilty;[1] (2) whether Urrea was properly advised of his constitutional rights, and whether he sufficiently waived them prior to pleading guilty (see fn. 1, ante); and (3) whether the California Department of Corrections and Rehabilitation was honoring Urrea's entitlement to "day for day" credits.
Counsel invited Urrea to file a brief on his own behalf. After receiving the brief from appointed counsel on appeal, we granted Urrea permission to file a brief on his own behalf. Urrea has not responded.
Our review of the record pursuant to Wende, supra, 25 Cal.3d 436, and Anders, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues.
Urrea has been adequately represented by counsel in this appeal.
DISPOSITION
The judgment is affirmed.
IRION, J.
WE CONCUR:
HUFFMAN, Acting P. J.
DATO, J.
[1] Actually, Urrea pleaded no contest; he did not plead guilty.
