Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. VA109877 Roger Ito, Judge.
William Hassler, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
CHANEY, J.
Sixteen-year-old Sergio Rios was charged with the murder of his girlfriend, Cynthia Vargas, who was shot in the head on or about June 1, 2008. Rios was present in his home when the shooting occurred. After being advised of and waiving his Miranda rights, Rios told the police that “a masked gunman” had entered the house and shot Vargas. Rios subsequently admitted to the police that he was holding the gun when it discharged and fired the bullet that killed Vargas. He also told the police that he had been angry with Vargas when he was talking to her on the evening of the shooting because she had gone to a party instead of staying home with him.
The police arrived at the scene at about 1:30 a.m. on June 1, 2008.
Miranda v. Arizona (1966) 384 U.S. 436.
Rios entered a negotiated plea of no contest to a charge of murder. The trial court found the murder to be in the second degree. Rios admitted that he personally used a firearm within the meaning of Penal Code section 12022.5, subdivision (a), and the court found the firearm enhancement allegation to be true. The People agreed to strike the firearm enhancement allegation that had been charged under Penal Code section 12022.53, subdivision (d). Rios stated he understood that he could have received a maximum sentence of 50 years to life for the charged offense and firearm enhancement allegation. Under the plea agreement, he would be sentenced to 18 years; 15 years to life for the second degree murder, plus three years for the firearm enhancement under section 12022.5, subdivision (a).
At the sentencing hearing, the court denied Rios’s Marsden motion, and his motion to withdraw his no-contest plea. The basis for Rios’s motion to withdraw his plea was his belief that he was “getting too much time for this incident.” The court found that at the time Rios entered his plea and waived his rights, he understood the plea agreement and the sentence to be imposed under that agreement. In conformity with the plea agreement, the court sentenced Rios to 18 years to life.
People v. Marsden (1970) 2 Cal.3d 118.
Rios filed a timely appeal, but did not seek or obtain a certificate of probable cause. We appointed counsel to represent him on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436. On August 17, 2010, we advised Rios that he personally had 30 days to submit any contentions or issues he wished us to consider. We also directed his appointed counsel to send the record and opening brief to Rios immediately. To date, we have received no response.
We have examined the entire record, including the confidential transcript from the March 5, 2010 hearing on Rios’s Marsden motion, and are satisfied that Rios’s counsel has complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende, supra, 25 Cal.3d at p. 441.) Rios’s no-contest plea and failure to obtain a certificate of probable cause limit the potential scope of his appeal to “[g]rounds that arose after entry of the plea and do not affect the plea’s validity” or “[t]he denial of a motion to suppress evidence under Penal Code section 1538.5.” (Cal. Rules of Court, rule 8.304(b); see Pen. Code, § 1237.5.) The record does not demonstrate the existence of any such issue.
DISPOSITION
The appeal is dismissed.
We concur: ROTHSCHILD, Acting P. J., JOHNSON, J.