Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Appeal from Superior Court County of VenturaSuper. Ct. No. 2006028357, Brian J. Black, Judge.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
PERREN, J.
Jose Luis Negrete was charged with two counts of making criminal threats (Pen. Code, § 422) and two counts of violating a domestic relations restraining order (id., § 273.6, subd. (a)). A knife use allegation was charged in conjunction with one of the criminal threat counts. (Id., § 12022, subd. (b)(1).)
While represented by the public defender, appellant waived his trial rights, pled guilty to the two criminal threat counts, and admitted the knife use allegation. Subsequently, a conflict defense attorney was appointed to investigate whether a plea withdrawal motion should be filed.
The conflict defense attorney subsequently informed the court that, in his opinion, there were no legal grounds to seek withdrawal of appellant's guilty plea, and, therefore, he would not be filing a motion to withdraw the plea.
The court sentenced appellant to state prison for concurrent two-year middle term sentences for each count, one of which was enhanced one year for the weapon use. Appellant received 234 days of presentence credits. Restitution fines were ordered, as was a fee for preparation of the probation officer's sentencing report.
We appointed counsel to represent appellant in this appeal. After reviewing the record, counsel filed an opening brief requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On August 31, 2007, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. Appellant did not respond.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: GILBERT, P.J., COFFEE, J.