Filed 4/23/18 P. v. Toro CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO



THE PEOPLE,

Plaintiff and Respondent,

v.

VICTOR CRISTOBAL TORO,

Defendant and Appellant.


E069561

(Super.Ct.No. SWF1707010)

OPINION


APPEAL from the Superior Court of Riverside County. Mark Mandio, Judge. Affirmed.
Kristen Owen, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Victor Cristobal Toro was charged by a first amended felony complaint with possession of a firearm by a convicted felon (Pen. Code, § 29800, subd. (a)(1), count 1), possession of ammunition by a person prohibited from owning a firearm (Pen. Code, § 30305, subd. (a), count 2), being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a), count 3), possession of methamphetamine (Health & Saf. Code, § 11377, count 4), and possession of drug paraphernalia (Health & Saf. Code, § 11364, count 5). The amended complaint also alleged that defendant had suffered one prior strike conviction. (Pen. Code, §§ 667, subds. (c) & (e), 1170.12, subd. (c)(1).)
A trial court declared a doubt as to defendant’s mental competence pursuant to a motion by defense counsel. The court suspended the proceedings and appointed three doctors to conduct psychological evaluations of defendant. Defense counsel subsequently submitted on the reports finding defendant competent to stand trial. The court found defendant competent to stand trial and reinstated the proceedings. Pursuant to a plea agreement, defendant pled guilty to count 1 and admitted the prior strike conviction, in exchange for a 32-month state prison term. The court found a factual basis for the plea based on the allegations in the amended complaint. The court sentenced defendant immediately. In accordance with the plea agreement, it sentenced him to 32 months in state prison and awarded 544 days of presentence custody credits, and it dismissed the remaining counts.
Defendant filed a timely notice of appeal, in propria persona, based on the sentence or other matters occurring after the plea, challenging the validity of the plea, and requesting a certificate of probable cause. He alleged that his attorney bullied him into the plea under threat of duress and coercion and misrepresented the case to him. The court granted his request for a certificate of probable cause. We affirm the judgment.
PROCEDURAL BACKGROUND
Defendant was charged with, and pled guilty to, possession of a firearm by a convicted felon. (Pen. Code, § 29800, subd. (a)(1).)
ANALYSIS
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and a few potential arguable issues: (1) whether there was a factual basis for the plea; (2) whether defendant was misinformed or misadvised in regards to the plea; and (3) whether he knowingly, intelligently, and voluntarily waived his trial rights. Counsel has also requested this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS


McKINSTER
J.


We concur:


RAMIREZ
P. J.


FIELDS
J.