P. v. Powers
On September 18, 2006, appellant, pled no contest to a felony allegation in a criminal complaint that he feloniously interfered with an executive officer in the performance of his duties (Pen. Code, 69).
Prior to taking appellants change of plea, the court advised appellant of the consequences of his plea, including the fact he faced a maximum prison term of three years and that he would have to pay a restitution fine. The court advised appellant of his constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122. Appellant waived these rights as well as his right to a preliminary hearing and a probation report prior to sentencing. The parties stipulated there was a factual basis for appellants plea.
The court accepted appellants plea. The court suspended imposition of sentence and placed appellant on felony probation for three years and imposed a restitution fine as well as other fines and penalty fees. Appellant obtained a certificate of probable cause and filed a timely notice of appeal.
Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (Peoplev. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel, indicating that appellant was advised he could file his own brief with this court. On January 22, 2007, Court invited appellant to submit a letter stating any grounds on appeal he wished this court to consider.
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