Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. MA047801
THE COURT:Defendant Keith Patrick Stewart appeals from his judgment of conviction of carjacking, entered upon a plea of no contest. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues. On March 18, 2011, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. That time has elapsed, and defendant has submitted no brief or letter. Upon reviewing the entire record, we have determined that although defendant has appealed from a judgment entered upon a plea agreement, he has not satisfied the prerequisites to such an appeal. We thus dismiss the appeal.
On January 12, 2010, after a preliminary hearing, defendant was charged with carjacking, committed December 15, 2009, in violation of Penal Code section 215, subdivision (a). It was further alleged that defendant personally used a handgun within the meaning of section 12022.53, subdivision (b), and for purposes of section 1203.06, subdivision (a)(1).
All further statutory references are to the Penal Code, unless otherwise indicated.
Defendant was also charged with second degree robbery, in violation of section 211. It was further alleged that defendant personally used a handgun within the meaning of section 12022.53, subdivision (b), causing the offense to be a serious felony within the meaning of section 1192.7, subdivision (c)(8), and a violent felony within the meaning of section 667.5, subdivision (c)(8).
The matter was called for jury trial on October 4, 2010. At that time, defendant agreed to a plea bargain under which he would plead no contest to carjacking, as alleged in count 1, and waive all custody credits, in exchange for a dismissal of the firearm allegation, dismissal of count two, and the imposition of a low term sentence of three years in prison. The trial court informed defendant of his trial rights and the consequences of his plea, and defendant stated that he understood and gave up his rights.
Defendant pled no contest to count 1, and the trial court sentenced him according to the agreement to three years in prison. In addition, the trial court ordered defendant to pay direct victim restitution, as well as statutorily mandated fees and fines. The trial court ordered that defendant be prohibited from owning or possessing firearms or live ammunition for life, and that he provide a DNA sample and fingerprints. Upon the prosecutor’s motion, the court dismissed count 2 and the special allegations as to both counts.
Defendant filed a timely notice of appeal, but did not apply for or obtain a certificate of probable cause. A defendant may not appeal from a judgment of conviction upon a plea of guilty or no contest unless the trial court has executed and filed a certificate stating there is probable cause for the appeal, or unless the defendant reserved the right to have certain issues reviewed on appeal. (People v. Shelton (2006) 37 Cal.4th 759, 769; § 1237.5; Cal. Rules of Court, rule 8.304(b).) As defendant has failed to reserve issues for appeal or obtain a certificate of probable cause, we must dismiss the appeal. (People v. Shelton supra, at p. 769; see also People v. Hodges (2009) 174 Cal.App.4th 1096, 1103-1104.)
Because of counsel’s compliance with the Wende procedure and our review of the record, we conclude appellant has received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The appeal is dismissed.