Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. SCD215203 David M. Gill, Judge.
NARES, Acting P. J.
Bryon Hayes entered a negotiated guilty plea to voluntary manslaughter (Pen. Code, § 192, subd. (a)), as a lesser included offense of murder, and admitted he personally used a firearm within the meaning of section 12022.5, subdivision (a). Under the terms of the plea bargain, Hayes received a stipulated sentence of 21 years in prison.
Statutory references are to the Penal Code.
The trial court denied Hayes's request for a certificate of probable cause.
FACTS
Hayes, John Williams and Michael Haywood are cousins. In 2005, Williams lived with another cousin, Zina Monroe, and her two daughters. Williams and Monroe had a brother-sister type of relationship.
On March 26, 2005, Hayes and Haywood drove to Monroe's residence on Skyline Drive in San Diego. At some point during the afternoon, Monroe's daughters showed Haywood dance routines they were practicing for a school competition. Monroe believed Haywood made inappropriate sexual advances toward the girls. Monroe and Williams confronted Haywood in the backyard. Williams punched Haywood in the face. Later, Hayes verbally confronted Haywood about the incident.
That evening, Hayes, Williams and Haywood left the residence to get marijuana by committing a home invasion robbery on Jeff Street. After Hayes drove to the scene, the three of them began walking down the street; Haywood and Hayes were in front of Williams. As Williams bent down to tie his shoe, he saw a "muzzle flash" and heard a shot gun blast. When Williams looked up, he saw Hayes holding a sawed-off shotgun. Haywood was lying on the ground and screaming in pain. Hayes fired the shotgun again at Haywood.
Hayes and Williams left the scene and picked up two women they knew before returning to Monroe's residence. As Hayes and Williams entered the residence, Monroe heard Hayes say something like: "That's what he gets for fucking with family."
At approximately 11:00 p.m., tourists found Haywood lying on the ground in the 6200 block of Jeff Street. He had died after receiving two gunshot wounds to the torso.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether trial counsel provided ineffective assistance of counsel in preparing the certificate of probable cause; (2) whether the trial court abused its discretion by refusing to issue a certificate of probable cause; (3) whether the trial court erred by denying Hayes's motion to withdraw his guilty plea; and (4) whether Hayes is entitled to challenge the trial court's handling of the motion to withdraw his guilty plea absent a certificate of probable cause.
We granted Hayes permission to file a brief on his own behalf. He has not responded.
A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no other reasonably arguable appellate issue. Competent counsel has represented Hayes on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HALLER, J., O'ROURKE, J.