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People v. Blackman

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Apr 27, 2018
D072860 (Cal. Ct. App. Apr. 27, 2018)

Opinion

D072860

04-27-2018

THE PEOPLE, Plaintiff and Respondent, v. VALERIE BLACKMAN, Defendant and Appellant.

Michelle Rogers, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCE370719) APPEAL from a judgment of the Superior Court of San Diego County, Daniel B. Goldstein, Judge. Affirmed. Michelle Rogers, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Valerie Blackman pleaded guilty to assaulting a peace officer with a deadly weapon (Pen. Code, §§ 245, subd. (c) & 1192.7, subd. (c)(31)) and admitted a prior strike conviction (§ 667, subds. (b)-(i)). The trial court sentenced Blackman to state prison for a determinate term of six years.

All subsequent statutory references are to the Penal Code. --------

Blackman appeals. Her appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) and has not raised any specific issues. Blackman's counsel asks this court to review the record independently for error as required by Wende. We granted Blackman the opportunity to file a supplemental brief on her own behalf and she has not responded. We have independently reviewed the record under Wende and have found no reasonably arguable issues for reversal on appeal. We therefore affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

For purposes of this section, we state the evidence in the light most favorable to the judgment. (See People v. Osband (1996) 13 Cal.4th 622, 690; People v. Dawkins (2014) 230 Cal.App.4th 991, 994.)

In May 2017, Blackman was arrested after she threw a large knife at police officers after they confronted her near a trolley station in El Cajon. She was subsequently charged with a single count of assaulting a peace officer with a deadly weapon. The information also alleged that Blackman suffered a prior strike conviction.

After the preliminary hearing, Blackman entered into an agreement with the prosecution to plead guilty and admit the strike prior in exchange for a stipulated sentence of six years and the dismissal of two other pending actions against Blackman. On a change of plea form, Blackman indicated she was entering her plea freely and voluntarily and understood the consequences of her guilty plea. Her attorney affirmed that she discussed the plea and its consequences with Blackman and similarly indicated to the court that she believed Blackman made "knowing, voluntary, intelligent waivers." After Blackman entered her guilty plea, the court likewise found that the plea was knowing, voluntary, and intelligent.

Following Blackman's guilty plea, the court granted the prosecution's motion to dismiss the other two actions against Blackman. The court then sentenced Blackman to a determinate prison term of six years, consisting of the lower term of three years, doubled due to the prior strike conviction.

DISCUSSION

As noted, Blackman's appointed counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436, and Anders, supra, 386 U.S. 738, and has not raised any specific issues on appeal. Instead, she identified one possible, but not arguable, issue pursuant to Anders: "Was appellant sentenced in accordance with her guilty plea agreement?"

After this court received counsel's brief, we provided Blackman with the opportunity to file a supplemental brief and she declined to do so. We have independently reviewed the record under Wende and have considered the possible issue identified by Blackman's counsel. We have found no reasonably arguable issues for reversal. Competent counsel has represented Blackman in this appeal.

DISPOSITION

The judgment is affirmed.

GUERRERO, J. WE CONCUR: HUFFMAN, Acting P. J. NARES, J.


Summaries of

People v. Blackman

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Apr 27, 2018
D072860 (Cal. Ct. App. Apr. 27, 2018)
Case details for

People v. Blackman

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. VALERIE BLACKMAN, Defendant and…

Court:COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: Apr 27, 2018

Citations

D072860 (Cal. Ct. App. Apr. 27, 2018)