Opinion
D061573 Super. Ct. No. SCD230642
08-22-2012
THE PEOPLE, Plaintiff and Respondent, v. JULIO ANGEL GARCIA, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from a judgment of the Superior Court of San Diego County, Robert F. O'Neill, Judge. Affirmed.
Julio Angel Garcia entered a negotiated guilty plea to second degree murder (Pen. Code, § 187, subd. (a)) and arson (§ 451, subd. (d)). The court sentenced him to a prison term of 15 years to life for the second degree murder count and a consecutive16 months for the arson count. The court granted him 448 actual credit days but no conduct credit days. His request for a certificate of probable cause was denied. Garcia appeals. We affirm the judgment.
All statutory references are to the Penal Code.
FACTS
As part of his plea, Garcia stipulated to the facts presented at the preliminary hearing, including that he fought with and strangled Lorena Garcia, placed her body in a vehicle and set fire to the vehicle.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. Counsel mentions as possible, but not arguable, issues: whether Garcia's guilty plea was voluntary, knowing and intelligent considering his language barrier and medication, and whether he should have been awarded conduct credits.
We granted Garcia permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues. A review of the record, including the transcript of the hearing at which Garcia entered his guilty plea, shows that plea was voluntary, knowing and intelligent. Section 2933.2 provides that conduct credits are not available to persons convicted of murder. Garcia has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, J. WE CONCUR: McCONNELL, P. J. BENKE, J.