Opinion
C060568.
7-14-2009
THE PEOPLE, Plaintiff and Respondent, v. STUART FORREST DENT, Defendant and Appellant.
Not to be Published
Defendant Stuart Forrest Dent pled no contest to attempted first degree murder (Pen. Code, §§ 187, subd. (a), 664, subd. (a)) and admitted he personally used a firearm (§ 12022.53, subd. (b)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)). According to the factual basis set forth by the People at the time of defendants plea, the offense stemmed from an incident in which defendant, using a .22-caliber handgun, shot the victim in the face, resulting in "extraction" of the victims right eye and total blindness.
Prior to sentencing, defendant filed a motion to withdraw his plea, which was denied. The trial court sentenced defendant to an indeterminate life term plus a determinate term of 13 years in state prison.
Defendant appealed.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting the court to review the record and determine whether there are any arguable issues on appeal. Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.
Defendant filed two supplemental letter briefs, one in which he discusses the circumstances surrounding the motion to withdraw his plea, the other setting forth information concerning his personal history and suggesting that a sentence other than a life term would be appropriate. Both letter briefs are replete with factual assertions that are not in the record on appeal and therefore may not be considered in these proceedings.
In any event, with regard to the motion to withdraw his plea, defendants request for a certificate of probable cause was denied by the trial court, foreclosing review of this issue on appeal. (§ 1237.5; Cal. Rules of Court, rule 8.304(b).) Furthermore, defendant waived his right to appeal anything other than sentencing errors as a term and condition of his plea. Accordingly, we cannot consider this claim.
Defendants remaining claim — his suggestion that, in light of his personal circumstances, he "does not deserve to spend the rest of his life locked up in a box" — also must be rejected. Defendant pled no contest to attempted first degree murder, which carries a sentence of life with the possibility of parole. (§ 664, subd. (a).) The enhancements admitted by defendant — personal use of a firearm and infliction of great bodily injury — carry determinate terms of 10 years and three years, respectively. (§§ 12022.53, subd. (b), 12022.7, subd. (a).) Defendant was ineligible for probation. (§§ 1203.075, subd. (a), 12022.53, subd. (g).) Defendant does not cite any legal authority to support his claim that a different sentence should have been imposed.
We have undertaken an independent examination of the entire record in this matter and found no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur:
HULL, J.
ROBIE, J. --------------- Notes: All further statutory references are to the Penal Code.