Opinion
NOT TO BE PUBLISHED
Alameda County Super. Ct. No. 185448-2
Dondero, J.
Defendant B.C., as part of a negotiated disposition, admitted to a charge of voluntary manslaughter (Pen. Code, §192, subd. (a)). His attorney has filed a brief raising no issues and asks this court to conduct an independent review of the record to identify any issues that could result in reversal or modification of the judgment if resolved in defendant’s favor. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436; see Smith v. Robbins (2000) 528 U.S. 259.) Counsel declares in her affidavit that she notified defendant he could file a supplemental brief raising any issues he wishes to present to this court. No supplemental brief has been received.
Upon independent review of the record, we conclude no arguable issues are presented for review and affirm.
FACTS
On August 20, 2008, police officers answered to a report of a shooting. When they arrived they found the victim, Lawrence Cox, lying in the street with multiple gunshot wounds. Defendant was subsequently identified as the assailant who shot the victim during an argument. During a search of the defendant’s home, police discovered a 9 millimeter pistol in his bedroom. While being interviewed by the police, the minor admitted he used the pistol to kill Lawrence Cox.
Defendant B.C. was initially charged in a petition under Welfare and Institutions Code section 602, with one count of murder (Pen. Code, § 187). Also alleged was the personal use of a firearm with an injury allegation (Pen. Code, § 12022.53, subd. (d)), and two counts of possession of a concealed weapon (Pen. Code, § 12101, subd. (a)). On February 9, 2009, the minor entered an admission to an amended charge of the lesser included offense of voluntary manslaughter (Pen. Code, § 192, subd. (a)), and the remaining counts and allegations were dismissed. In addition, a pending petition to transfer the case to adult court pursuant to Welfare and Institutions Code section 707, subdivision (c), was withdrawn by the prosecution.
On March 23, 2009, following the preparation of a dispositional report by the probation department, and after hearing the comments of counsel, the court committed defendant to the Division of Juvenile Justice. The court set the maximum confinement time at 11 years. A restitution fund fine of $100 was imposed, and $6,762.69 in victim restitution was ordered payable to the Victim’s Compensation Board.
LEGAL ANALYSIS
By entering a plea admitting the felony offense of Penal Code section 192, subdivision (a), voluntary manslaughter, defendant admitted the legal sufficiency of the evidence establishing the crime, and he is not entitled to review any issue that addresses the question of guilt. (People v. Hunter (2002) 100 Cal.App.4th 37, 42.) There is no certificate of probable cause as part of the record, and therefore, defendant cannot contest the validity of his plea.
Under an independent review of the record we find no meritorious issues that require additional briefing on appeal. Defendant was fully advised of his rights under Boykin-Tahl at the time of his admission to the amended petition. He properly waived his constitutional rights during the plea process. In addition, defendant was competently represented by defense counsel at all times. It was clearly within the trial court’s discretion to impose the 11-year term in light of the circumstances of the homicide. Indeed, the sentence terms were all appropriate and consistent with the terms of the plea.
Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122.
CONCLUSION
The judgment is affirmed.
We concur: Marchiano, P. J., Margulies, J.