Opinion
D060632
07-27-2012
THE PEOPLE, Plaintiff and Respondent, v. CLAUDIA CORONADO, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. Nos. SCE311038 & SCE307085)
APPEAL from a judgment of the Superior Court of San Diego County, Charles W. Ervin, Judge. Affirmed.
In case No. SCE311038 Claudia Coronado was charged with one count of commercial burglary (Pen. Code, § 459; count 1) and one count of petty theft (§§ 484 & 490.5; count 2). Two prison priors were alleged within the meaning of sections 667.5, subdivision (b) and 668, and one strike prior was alleged within the meaning of sections 667, subdivisions (b)-(i), 1170.12 and 668.
All further statutory references are to the Penal Code unless otherwise indicated.
In case No. SCE307085, Coronado was charged with one count of transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a); count 1) and one count of possession for sale of a controlled substance (Health & Saf. Code, § 11378; count 2). Two prison priors were alleged within the meaning of sections 667.5, subdivision (b) and 668, and one strike prior was alleged within the meaning of sections 667, subdivisions (b)-(i), 1170.12 and 668.
In case No. SCE11038 Coronado pleaded guilty to the burglary count and admitted the strike prior. In case No. SCE307085, she pleaded guilty to the possession for sale count and admitted the strike prior. In exchange for those pleas, it was agreed that Coronado would receive a stipulated four-year state prison sentence composed of 32 months (the midterm of 16 months doubled) for case No. SCE11038 consecutive to a 16-month term for case No. SCE307085 (one-third the midterm of eight months doubled). It was stipulated that this prison term would be imposed if Coronado was deemed not suitable for the SB618 Prisoner Reentry Program. If deemed unsuitable for this program, she would not be allowed to withdraw her plea.
Coronado was deemed unsuitable for the program and was sentenced according to the plea agreement.
Coronado filed a petition to modify her sentence. The court denied the request because the sentence was agreed to in her guilty plea.
Coronado filed a notice of appeal challenging the sentence and requesting the issuance of a certificate of probable cause. The request for a certificate of probable cause was denied.
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), raising possible, but not arguable, issues. We offered Coronado the opportunity to file her own brief, but Coronado has not responded.
FACTUAL BACKGROUND
A. Case No. SCE311038
On May 9, 2011, Coronado entered a Kohl's Department Store with the intent to commit a theft.
B. Case No. SCE307085
On December 15, 2010, Coronado had methamphetamine in her possession for the purpose of selling it.
DISCUSSION
As we have previously noted, appellate counsel has filed a brief indicating he is unable to identify any argument for reversal, based on the record on appeal. Counsel asks this court to review the record for error as mandated by Wende, supra, 25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, the brief identifies two possible, but not arguable, issues: (1) Were Coronado's guilty pleas constitutionally valid; and (2) Did the trial court abuse its discretion in denying Coronado's request to recall her sentence pursuant to section 1170, subdivision (d)?
We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436, and Anders, supra, 386 U.S. 738, and have not found any reasonably arguable appellate issues. Competent counsel has represented Coronado on this appeal.
DISPOSITION
The judgment is affirmed.
NARES, Acting P. J. WE CONCUR: MCDONALD, J. AARON, J.