P. v. Rivera CA4/1
Emperatriz A. Rivera pleaded guilty to one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and admitted the personal infliction of great bodily injury enhancement (§ 12022.7, subd. (a)). She also admitted a strike prior (§ 667, subds. (b)-(i)) and a serious felony prior (§ 667, subd. (a)(1)). The balance of the charges and allegations were dismissed pursuant to the plea agreement. The trial court sentenced Rivera to a determinate term of 14 years in prison as stipulated in the plea agreement.
Rivera brought postplea motions to replace counsel and to withdraw her guilty plea. The motion to replace counsel was denied and the motion to withdraw the guilty plea was also denied. Rivera was removed from the court prior to the actual sentence being imposed because of misconduct during the hearing.
Rivera filed a notice of appeal, but did not obtain a certificate of probable cause.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 43
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