Opinion
NOT TO BE PUBLISHED
Mendocino County Super. Ct. No. 035604602
Marchiano, P.J.
Defendant Ernesto Flores pleaded guilty to voluntary manslaughter (Pen. Code, § 192, subd. (a)) as a lesser included offense of first degree murder (Pen. Code, § 187). Pursuant to a plea agreement, the trial court sentenced defendant to the middle term of six years.
Defendant’s counsel has filed an opening brief that raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not done so. We find no arguable issues and affirm.
I.
Defendant was a methamphetamine dealer who sold the drug to the victim, Daniel Williams. In February 2003, Williams owed defendant between $10,000 and $17,000. On February 11, 2003, Williams’ body was found on the side of a road. He had been shot in the head, execution-style, with a.25 weapon.
In August 2003, while defendant was in federal custody on an unrelated charge, he was interrogated by sheriff’s deputies regarding the murder. Defendant denied any knowledge of Williams’ death. He later admitted to confronting Williams regarding his drug debt, but claimed Williams grabbed the gun and shot himself. Ultimately, defendant admitted he shot Williams in a drug-induced rage.
On March 27, 2007, defendant was charged with the murder. On January 8, 2008, he entered his negotiated plea to manslaughter. The six-year sentence was ordered consecutive to the federal sentence defendant was currently serving. Defendant was given presentence credits from the day he was booked into jail on the murder charge.
II.
We have reviewed the record and find no arguable issues. Defendant was represented by counsel at all pertinent portions of the proceedings. He knowingly and voluntarily waived his rights when pleading guilty, on the advice of counsel. The trial court properly imposed the sentence consecutive to the sentence on the unrelated federal charge. Defendant received all the presentence credits to which he was entitled.
III.
The judgment of conviction and the sentence are affirmed.
We concur Margulies, J.,Graham, J.
Retired judge of the Superior Court of Marin County assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.