Opinion
NOT TO BE PUBLISHED
Napa County Super. Ct. Nos. CR15187, CR152226
RUVOLO, P. J.
Appellant William Don Hoover appeals from an eight-year state prison sentence he received (subject to local custody credits) following his guilty plea to all counts and to special allegations charged against him in two criminal cases filed by the Napa County District Attorney. Appellant’s counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel declares that appellant has been advised that no issues were to be raised by counsel on appeal, and that an independent review under Wende instead was being requested. Appellant was also advised of his right personally to file a supplemental brief raising any issues he chooses to bring to this court’s attention. No supplemental brief has been filed by appellant personally.
Appellant’s brief on appeal acknowledges implicitly that no certificate of probable cause as required by California Rules of Court, rule 8.304(b) and Penal Code section 1237.5, was obtained prior to filing this appeal. Ordinarily, an appeal may be taken from a plea of guilty or no contest only if the defendant first seeks and obtains a certificate of probable cause from the trial court. However, that rule does not apply to appeals challenging the propriety of a search or seizure if the validity of that search or seizure was contested in the trial court pursuant to Penal Code section 1538.5. (Pen. Code, § 1538.5, subd. (m); Cal. Rules of Court, rule 8.304(b)(4)(A).) Appellant argues that issues otherwise requiring a certificate of probable cause may be raised on appeal so long as at least one issue not requiring a certificate (such as a contest to the denial of a Pen. Code, § 1538.5 motion) is raised, citing People v. Jones (1995) 10 Cal.4th 1102, 1105, overruled on another point in In re Chavez (2003) 30 Cal.4th 643, 656. Even assuming appellant’s reading of People v. Jones, supra, is correct, which we do not decide, appellant has not raised any noncertificated issues on appeal; he asks for our independent review of the record under Wende. Nonetheless, we have reviewed the entire record in this case in our discretion and in the interest of justice, and find no meritorious issues to be argued, or that require further briefing on appeal.
A criminal information was filed on June 7, 2010, in Napa County Superior Court Case No. CR151587, charging appellant with one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378.) The information also included four special allegations that appellant had served four separate state prison confinements, within the meaning of Penal Code section 667.5, subdivision (b), and one prior serious or violent felony, within the meaning of section 667, subdivisions (b)-(i).
All subsequent undesignated statutory references are to the Penal Code.
Ten days later the prosecutor filed a motion to amend the information, which was granted. That same day, appellant filed a motion seeking the disclosure of the identity of the confidential informant relied on by law enforcement to establish surveillance of appellant and to obtain a search warrant. The court ordered an in camera hearing with the law enforcement officer involved, after which the motion was denied.
The amended information included the same charges and special allegations contained in the original information.
A criminal complaint was filed by the Napa County District Attorney on June 28, 2010, in Napa County Superior Court Case No. CR 152226, charging appellant with one count of subornation of perjury (§ 127), and one count of conspiracy to commit perjury (§§ 182, subd. (a)(1), 118). Appellant initially entered a plea of not guilty to this second case.
Thereafter, appellant entered pleas of guilty in both cases, and admitted the special allegations in Case No. CR151587. The pleas were entered after the court denied appellant’s Marsden motion. At the time the pleas were entered, appellant was advised of the rights he was waiving by pleading guilty, and he voluntarily waived those rights. Under the terms of the plea agreement, appellant was advised that he could be sentenced to a maximum of ten years in state prison.
People v. Marsden (1970) 2 Cal.3d 118.
Before sentencing, the prosecutor filed a sentencing brief requesting the court to sentence appellant to an aggregate term of eight years in state prison. A supplemental sentencing brief was filed by the prosecutor to answer a question posed by the court, to wit: which crime (possession of methamphetamine or subornation of perjury) should be selected by the court as the principal term for sentencing purposes.
Also before sentencing, appellant filed a sentencing report and statement in mitigation requesting the court to strike appellant’s prior strike conviction, and to sentence appellant to an aggregate state prison term of seven years.
A probation report was submitted to the court prior to sentencing which recommended that appellant be denied probation, and be sentenced to state prison for a term “prescribed by law.”
Sentencing took place on September 22, 2010. After hearing the arguments of counsel, and having considered the probation report, the trial court denied probation, denied appellant’s Romero request, and sentenced appellant to an aggregate term of eight years in state prison, less custody credits. Applicable penalties and fines were also imposed.
People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
Upon our independent review of the record we conclude there are no meritorious issues to be argued, or that require further briefing on appeal. We discern no error in the sentencing. The refusal to grant probation, and the sentencing choices made by the trial court were consistent with applicable law, and were well within the discretion of the trial court. The restitution fines and penalties imposed were supported by the law and facts. At all times appellant was represented by counsel.
DISPOSITION
The judgment is affirmed.
We concur: REARDON, J., SEPULVEDA, J.