Filed 10/20/17 P. v. Wallace CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE,
Plaintiff and Respondent,
v.
WILLIAM JOHN WALLACE,
Defendant and Appellant.
|
G055016
(Super. Ct. No. 13CF3980)
O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, John Conley, Judge. Appeal dismissed.
Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
* * *
William John Wallace pleaded guilty to attempted murder (Pen. Code, §§ 187, 664, subd. (a) [count 1]; all statutory citations are to the Penal Code) and solicitation to commit murder (§ 653f, subd. (b) [counts 2 & 3]) in exchange for a prison term of nine years. Wallace appealed, and his appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738.[1] Because our independent review of the record discloses no arguable issues, and Wallace waived his right to appeal, we dismiss the appeal.
I
F P H
In April 2014, the Orange County District Attorney filed an information alleging Wallace committed willful, deliberate and premeditated attempted murder (§§ 187, subd. (a), 664, subd. (a) [count1]), and solicitation to commit murder (§ 653f, subd. (b) [counts 2 & 3]). A jury trial commenced in March 2017.
During deliberations, the jury informed the trial court it had reached agreement on the solicitation charges, but requested clarification concerning attempted murder. Before the court provided a response to the jury, Wallace’s lawyer advised the court the parties had agreed that Wallace would plead guilty to the charges in exchange for a nine-year prison term.
In open court, Wallace acknowledged initialing and signing a waiver of rights and guilty plea (Tahl) form. The court verbally advised him of some of the rights he was waiving, including the right to testify or not testify, and to confront and cross-examine witnesses. Wallace denied anyone had threatened him or made promises other than those specified in the plea form. Wallace acknowledged he agreed to a nine-year prison term and the prosecution had moved to dismiss the premeditation allegation. Wallace provided the following factual basis for his plea, which the court read into the record: “In Orange County, California, on 12/21/13[,] I willfully & unlawfully with express malice attempted to murder Jodie H. Additionally, on 10/21/13[,] I willfully & unlawfully solicited another person to kill Jodie H. with the specific intent to kill her. Additionally, on 12/16/13[,] I willfully & unlawfully solicited another person to kill Jodie H. with the specific intent to kill her.” Wallace pleaded guilty to the charges, counsel joined in the plea, and the court accepted the plea, finding it to be knowing, voluntary and intelligent. The court granted the prosecution’s motion to dismiss the premeditation allegation.
Wallace waived arraignment for judgment and a probation report, and the court imposed a nine-year prison term, comprised of the nine-year aggravated term for attempted murder (§ 664, subd. (a) [punishment for unpremeditated attempted murder is five, seven, or nine years in prison]), and stayed (§ 654) concurrent six-year midterms for the solicitation to commit murder counts. The court awarded custody and conduct credit as stipulated by the parties, and imposed various fines and fees.
A lawyer with Appellate Defender’s, Inc. filed a notice of appeal on Wallace’s behalf reflecting Wallace appealed after a guilty plea and the appeal was based on the sentence or other matters occurring after the plea not affecting its validity. Counsel also stated Wallace challenged the validity of the plea. She requested a certificate of probable cause, noting she had received a letter from Wallace indicating “he pleaded guilty out of fear.” The trial court’s written order denying a certificate provides “there is not probable cause for an appeal in this case.”
II
D
Following Wende guidelines, we have reviewed counsel’s brief and the appellate record. To assist the court in its review and in compliance with Anders, counsel identified a possible issue for our consideration: Whether the trial court’s failure to orally admonish Wallace that his plea agreement included a waiver of his right to appeal invalidated the waiver.[2] We have reviewed the entire record under the guidelines of Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, and have not identified any arguable issues that would result in a disposition more favorable to Wallace. We offered Wallace an opportunity to file a personal supplemental brief, and he has not done so. (See People v. Kelly (2006) 40 Cal.4th 106.)
The appeal is dismissed.
___________________________
ARONSON, J.
WE CONCUR:
___________________________
O’LEARY, P. J.
___________________________
THOMPSON, J.
[1] Counsel filed a declaration stating she thoroughly reviewed the appellate record, as did an attorney at Appellate Defenders, Inc. She advised Wallace a Wende brief would be filed on his behalf, and provided him with a copy of the brief. She informed Wallace he could personally file a supplemental brief raising any points he wished to call to this court’s attention, and she would make the record available to him to assist in preparation of a supplemental brief upon request. Counsel advised Wallace he could request that she withdraw as counsel, and she would move to be relieved as appointed counsel if Wallace requested it.
[2] Wallace initialed the box on the Tahl form indicating he waived his right to appeal: “I understand I have the right to appeal from decisions and orders of the Superior Court. I waive and give up my right to appeal from any and all decisions and orders made in my case, including motions to suppress evidence brought pursuant to Penal Code section 1538.5. I waive and give up my right to appeal from my guilty plea. I waive and give up my right to appeal from any legally authorized sentence the court imposes which is within the terms and limits of this plea agreement.” The court did not mention the appeal waiver during the plea hearing.
