Opinion
2d Crim. No. B232244
08-10-2011
THE PEOPLE, Plaintiff and Respondent, v. EDWARD LAWRENCE FREER, Defendant and Appellant.
California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner. /Executive Director and Richard B. Lennon, Staff Attorney, for Defendant and Appellant. No appearance for Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication i ordered published for purposes of rule 8.1115.
(Super. Ct. No. F450987)
(San Luis Obispo County)
While Edward Lawrence Freer was a state prisoner housed at Atascadero State Hospital, a razor blade was found concealed under masking tape on the cover of a book in his possession. Freer pleaded no contest to one count of possession of a deadly weapon while at or in a penal institution, in violation of Penal Code section 4502, subdivision (a).The trial court sentenced him to a term of three years in state prison, to be served consecutive to the sentence he was serving at the time of the offense.
All statutory references are to this code unless otherwise stated.
Freer filed a notice of appeal indicating that his appeal would raise issues requiring the issuance of a certificate of probable cause and issues that did not require such a certificate. (§ 1237.5.) The trial court denied his request for a certificate of probable cause. The appeal nevertheless proceeded based on defendant's representation that issues not requiring a certificate of probable cause would be raised.
We appointed counsel to represent defendant on appeal. After examining the record, counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, in which no specific issues were raised. Defendant was notified by counsel and by this court of his right to file a supplemental brief informing the court of any arguments he wished the court to consider. On July 28, 2011, we received a letter from defendant in which he argues that his trial counsel was ineffective because he "didn't counsel me on anything and just went through the motions[,]" and because he did not give defendant enough time to decide whether to accept the plea and the sentence of three years. Defendant also contends that he was denied due process because his placement in administrative segregation did not allow him access to the materials he would have needed to represent himself.
Section 1237.5 provides that a defendant may not appeal after a plea of guilty or no contest without obtaining a certificate of probable cause unless the appeal is based solely upon grounds occurring after entry of the plea and which do not challenge the validity of the plea. (People v. Placencia (2011) 194 Cal.App.4th 489, 493.) Each of the grounds asserted by the defendant in his letter challenges the validity of his plea. Because defendant did not obtain a certificate of probable cause, we are required to dismiss this appeal. (People v. Johnson (2009) 47 Cal.4th 668, 678; People v. Panizzon (1996) 13 Cal.4th 68, 73.)
The appeal is dismissed.
NOT TO BE PUBLISHED.
YEGAN, J. We concur:
GILBERT, P.J.
PERREN, J.
Barry T. LaBarber, Judge
Superior Court County of San Luis Obispo
California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner. /Executive Director and Richard B. Lennon, Staff Attorney, for Defendant and Appellant.
No appearance for Respondent.