Opinion
NOT TO BE PUBLISHED
Mendocino County Super. Ct. No. 0670741
Sepulveda, J.
Defendant appeals from a judgment entered on his plea of guilty. His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.)
Pursuant to a negotiated disposition, defendant pleaded guilty to second degree murder (Pen. Code § 187, subd. (a)). The charged offenses arose from a fight between the victim and defendant, who was under the influence of alcohol, which ended in defendant stabbing the victim to death. The matter proceeded to jury trial, but the defendant entered a plea to second degree murder before the trial was completed, and he was sentenced to 15 years to life in state prison. This timely appeal followed.
An additional charge of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)) and an enhancement (Pen. Code § 12022.7, subd. (a)—infliction of great bodily injury) were dismissed by the prosecutor during the trial. The remaining enhancement (Pen. Code, § 12022, subd. (b)(1)—use of a deadly weapon) was dismissed as part of the plea negotiation.
Defendant was advised of, and waived, his constitutional rights prior to the entry of his plea; he was also advised of the consequences of his plea. The court found that his plea was free and voluntary and that there was a factual basis for it. Defendant was represented by counsel at all times, and received exactly the sentence that he bargained for. There are no meritorious issues to be argued on appeal.
Defendant has filed a petition for writ of habeas corpus (A118819) alleging ineffective assistance of counsel, which will be disposed of by separate order.
The judgment is affirmed.
We concur: Ruvolo, P.J., Reardon, J.