People v. Calderon

Full title: THE PEOPLE, Plaintiff and Respondent, v. ANGEL PAUL DELEON CALDERON…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

Date published: Sep 30, 2019

2d Crim. No. B296703 (Cal. Ct. App. Sep. 30, 2019)

Opinion

2d Crim. No. B296703

09-30-2019

THE PEOPLE, Plaintiff and Respondent, v. ANGEL PAUL DELEON CALDERON, Defendant and Appellant.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

TANGEMAN, J.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 18CR07371)
(Santa Barbara County)

Angel Paul Deleon Calderon pled guilty to one count of sodomy of a minor under age 16 (Pen. Code,¹ § 286, subd. (b)(2)) and one count of oral copulation of a minor under age 16 (former § 288a, subd. (b)(2)). The trial court sentenced him to two years eight months in state prison.

1 All further statutory references are to the Penal Code. --------

Calderon requested a certificate of probable cause to challenge the validity of his plea. (§ 1237.5.) The trial court denied his request. This appeal is thus limited to challenges to the sentence imposed or other matters that do not affect the plea's validity. (Cal. Rules of Court, rule 8.304(b).)

We appointed counsel to represent Calderon in his appeal. After counsel examined the record, he filed an opening brief that raises no arguable issues. Calderon then filed a supplemental brief that purports to challenge the validity of his plea. But because the trial court denied his request for a certificate of probable cause, we do not have jurisdiction to consider this challenge. (People v. Johnson (2009) 47 Cal.4th 668, 678-679.)

We have reviewed the entire record and are satisfied that Calderon's attorney fully complied with his responsibilities and that no arguable issue related to the sentence imposed or other postplea matters exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

TANGEMAN, J. We concur:

GILBERT, P. J.

YEGAN, J.

Monica Marlow, Judge

Superior Court County of Santa Barbara

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.