Opinion
D076367
02-07-2020
THE PEOPLE, Plaintiff and Respondent, v. ANTHONY BORBOA, Defendant and Appellant.
Ava R. Stralla, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCN400813) APPEAL from a judgment of the Superior Court of San Diego County, Donald B. Goldstein, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Anthony Borboa pleaded guilty to one count of unlawful transportation of methamphetamine (Health and Saf. Code, § 11379, subd. (a)) and admitted the weight allegation alleged under section 11370.4, subdivision (b)(2). The parties stipulated to a term of eight years in local custody without a split in the sentence. Borboa was sentenced in accordance with the stipulation. The court also imposed various fines, fees and assessments without objection.
All further statutory references are to the Health and Safety Code unless otherwise specified. --------
Borboa filed a timely notice of appeal and obtained a certificate of probable cause (Pen. Code, § 1237.5).
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating she has been unable to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Borboa the opportunity to file his own brief on appeal, but he has not responded.
DISCUSSION
As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified two issues she considered in evaluating the potential merits of this appeal:
1. Whether Borboa was properly advised of his rights before pleading guilty and whether he validly waived those rights; and
2. Whether there is evidence in the record that supports a claim that Borboa was forced to plead guilty.
We have reviewed the entire record as mandated by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Borboa on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J. WE CONCUR: HALLER, J. O'ROURKE, J.