Opinion
D073445
10-11-2018
THE PEOPLE, Plaintiff and Respondent, v. ABRAHAM PULCHRIO ARELLANO, Defendant and Appellant.
Ava R. Stralia, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. SCS290014) APPEAL from a judgment of the Superior Court of San Diego County, Ana Espana and Theodore M. Weathers, Judges. Affirmed. Ava R. Stralia, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
We independently review the record in this case consistent with our obligations under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Finding no arguable issues, we affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Defendant Abraham Pulchrio Arellano was charged with multiple offenses arising out of a 2016 incident in which he was alleged to have used force to sexually assault a 17-year-old girl in the back of his car. After two Marsden motions were denied, Arellano agreed to plead guilty to one count of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)(A)) with an attendant admission that he was ineligible for probation (Pen. Code, § 1203.065, subd. (a)). In exchange, the remaining charges against him were dismissed.
See People v. Marsden (1970) 2 Cal.3d 118. --------
After his plea but before sentencing, Arellano brought a third Marsden motion to have his appointed counsel replaced. That motion was also denied. Based on his statements during the Marsden hearing, the trial court also denied a motion to withdraw his plea. It then sentenced him to a six-year prison term as stipulated in the plea agreement.
Following sentencing, Arellano filed a notice of appeal and requested a certificate of probable cause seeking to challenge the validity of his plea. He claimed the plea was induced by false promises and that he was too medicated to understand what he was agreeing to. His request for a certificate of probable cause was denied.
DISCUSSION
Appellate counsel filed a brief pursuant to Wende, supra, 25 Cal.3d 436 indicating she identified no reasonably arguable issue for reversal on appeal. She asks this court to review the record as mandated by Wende. We offered Arellano the opportunity to file a supplemental brief on his own behalf. He has not responded.
Our review of the record as mandated by Wende and Anders has disclosed no reasonably arguable appellate issues. To the extent Arellano sought to challenge the validity of his plea, he was required to obtain a certificate of probable cause. (People v. DeVaughn (1977) 18 Cal.3d 889, 896; In re Brown (1973) 9 Cal.3d 679, 682-683.) If he believed a certificate was improperly denied by the trial court, his only remedy was to file a petition for writ of mandate. (Brown, supra, 9 Cal.3d at p. 683.) None was filed here.
Competent counsel represented Arellano on this appeal.
DISPOSITION
The judgment is affirmed.
DATO, J. WE CONCUR: HALLER, Acting P. J. GUERRERO, J.