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People v. Hartman

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE
Feb 9, 2012
A132599 (Cal. Ct. App. Feb. 9, 2012)

Opinion

A132599

02-09-2012

THE PEOPLE, Plaintiff and Respondent, v. ROBERT C. HARTMAN, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(San Francisco City & County Super. Ct. No. 215053)

Defendant Robert C. Hartman pled guilty to one count of second degree burglary (Pen. Code, § 459) and was placed on probation for three years. Defendant's counsel has raised no issue on appeal and asks this court for an independent review of the record to determine whether there are any arguable issues. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) We have considered a supplemental brief filed by defendant. We find no arguable issues and affirm.

BACKGROUND

In February 2011, the District Attorney for the City and County of San Francisco filed a felony complaint charging defendant with making criminal threats (Pen. Code, § 422). On March 25, 2011, the court held a preliminary hearing and heard testimony that defendant made a threat to blow up City College of San Francisco. After presentation of testimony, the parties reached a negotiated disposition in an in-chambers discussion. The complaint was amended to add a second count alleging second degree burglary (Pen. Code, §459), defendant pled guilty to that charge, and the criminal threats count was dismissed.

On June 24, 2011, the trial court sentenced defendant in accordance with the negotiated disposition. The court suspended imposition of sentence and placed defendant on formal probation for a period of three years, with various terms and conditions.

This appeal followed. The trial court denied defendant a certificate of probable cause and this court construed appellant's notice of appeal as asserting an appeal after entry of a guilty plea.

DISCUSSION

We have reviewed the entire record and have found no arguable appellate issues. Defendant was adequately represented by legal counsel throughout the proceedings. Defendant was informed of his constitutional rights, and the trial court found defendant voluntarily and intelligently waived those rights. Defendant agreed he had not been pressured or threatened to plead guilty. Defendant pleaded guilty to committing second degree burglary, and the trial court accepted the plea. The prosecutor and defense counsel stipulated there was a factual basis for the plea based on a police report identified by its number.

The trial court's sentence was as provided for in the negotiated disposition. The restitution fines and fees imposed by the court were proper.

On December 13, 2011, defendant filed a supplemental brief in this court. He asserts he was "coerced" by his counsel to plead guilty on March 25, 2011, and he is innocent of both the criminal threats and burglary charges. However, because the trial court denied defendant a certificate of probable cause, he cannot challenge the validity of the plea on appeal. (People v. Mendez (1999) 19 Cal.4th 1084, 1096.) He does not argue that the sentence, fines and fees, or probation conditions imposed by the trial court are unlawful. We conclude there are no legal issues that require further briefing.

DISPOSITION

The judgment is affirmed.

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SIMONS, J.
We concur.

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JONES, P.J.

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NEEDHAM, J.


Summaries of

People v. Hartman

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE
Feb 9, 2012
A132599 (Cal. Ct. App. Feb. 9, 2012)
Case details for

People v. Hartman

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ROBERT C. HARTMAN, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE

Date published: Feb 9, 2012

Citations

A132599 (Cal. Ct. App. Feb. 9, 2012)