From Casetext: Smarter Legal Research

People v. Ingram

California Court of Appeals, Fourth District, First Division
Apr 23, 2024
No. D082277 (Cal. Ct. App. Apr. 23, 2024)

Opinion

D082277

04-23-2024

THE PEOPLE, Plaintiff and Respondent, v. DESHAWN INGRAM, Defendant and Appellant.

Robert V. Vallandigham, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County Nos. SCD274479 & SCN413542, Kelly C. Mok, Judge. Affirmed.

Robert V. Vallandigham, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

HUFFMAN, J.

In this case, appellant Deshawn Ingram was charged in two separate cases with a number of offenses. He entered into a plea agreement, which called for him to plead guilty to counts in each case and receive a stipulated sentence for the combined convictions. He pleaded guilty to agreed counts and received the sentence stipulated in the plea agreement. Ingram appealed his convictions and sentence but did not receive a certificate of probable cause.

PROCEDURAL BACKGROUND

In case No. SCD274479, Ingram pleaded guilty to voluntary manslaughter (Pen. Code, § 192, subd. (a)), and two counts of assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)). Ingram also admitted he committed each crime for the benefit of a criminal street gang. The court found true an alleged strike prior (§ 667, subds. (b)-(i)). Ingram was sentenced to a term of 15 years in prison, the stipulated term for that case.

All further statutory references are to the Penal Code.

In case No. SCN413542, Ingram admitted an assault with a semiautomatic firearm (§ 245, subd. (b)) and also admitted personally using a firearm. He was sentenced to the stipulated term of three years consecutive to the prior case for a total term of 18 years in prison.

Ingram filed a timely notice of appeal.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Ingram the opportunity to file his own brief on appeal, but he has not responded.

The convictions in this case arise from guilty pleas without any evidentiary hearings. Therefore, we will not include a statement of facts in this opinion.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks the court to independently review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: Whether the trial court abused its discretion in imposing the stipulated sentence.

We have reviewed the record as required by Wende and Anders. We have not discovered any arguable issue for reversal on appeal. Competent counsel has represented Ingram on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J. CASTILLO, J.


Summaries of

People v. Ingram

California Court of Appeals, Fourth District, First Division
Apr 23, 2024
No. D082277 (Cal. Ct. App. Apr. 23, 2024)
Case details for

People v. Ingram

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DESHAWN INGRAM, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Apr 23, 2024

Citations

No. D082277 (Cal. Ct. App. Apr. 23, 2024)