Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCE243612 John M. Thompson, Judge.
NARES, J.
In February 2005 Rosa Rebecca Reynoso was charged with transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a); count 1); possession for sale of methamphetamine (Health & Saf. Code § 11378; count 2); and failure to appear while on bail (Pen., Code § 1320.5; count 3). Reynoso pleaded guilty to count 2 (possession for sale of methamphetamine), in exchange for probation and dismissal of counts 1 and 3.
In February 2010 Reynoso admitted a probation violation for failing to report to the probation department. She was sentenced to 240 days modified custody with credits of 189 days and one year of additional probation.
This appeal proceeds in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders).
FACTUAL BACKGROUND
Reynoso was detained during a fugitive task force investigation. She was searched and a methamphetamine pipe was found in her pocket. Police searched her vehicle and found 6.26 grams of methamphetamine, along with plastic bags, knives, and a cell phone.
DISCUSSION
A. Background
When Reynoso pleaded guilty to possession of methamphetamine for sale, she initialed box "7d" of the form which stated that she understood that if she was not a United States citizen and was pleading to an aggravated felony as disclosed on the form, she would be deported, excluded from admission to the United States, and denied naturalization. An aggravated felony disclosure form was included with the plea agreement. During the hearing on her guilty plea, the court did not inform her on the record of the immigration consequences of her guilty plea.
Along with her notice of appeal, Reynoso filed a certificate of probable cause that asserted her trial counsel did not adequately inform her of the immigration consequences of her guilty plea. She asserted that had she been informed that her plea carried with it mandatory deportation, she would have tried to plead to a lesser included offense, gone to trial, or pleaded to the main count, which, she asserted, if properly worded would not be considered an aggravated felony. The trial court granted her certificate of probable cause.
B. Analysis
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal but asks that this court review the record for error as mandated by Wende, supra, 25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, counsel refers to, as a possible but not arguable issue, whether Reynoso was properly informed of the immigration consequences of her guilty plea.
We granted Reynoso permission to file a brief on her own behalf. She has responded with a brief that identifies as possible issues on appeal (1) counsel did not adequately inform her of the immigration consequences of her plea; and (2) she was not informed of her right to contact Mexican consular officials as required by article 36 of the Vienna Convention on Consular Relations.
A review of the record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel and Reynoso, has disclosed no reasonably arguable appellate issues. Competent counsel has represented defendant on appeal.
Moreover, the issues raised by Reynoso in her supplemental brief, because they identify issues not a part of the record on appeal, must be brought by way of a petition for writ of mandate in the superior court.
DISPOSITION
The judgment is affirmed.
WE CONCUR: BENKE, Acting P. J., O'ROURKE, J.