Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Kern County. Ct. No. BF121585A, Michael B. Lewis, Judge.
James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Before Wiseman, Acting P.J., Cornell, J., and Kane, J.
OPINION
FACTS AND PROCEEDINGS
On December 11, 2007, a criminal complaint was filed charging appellant, Darren Lonzo Lewis, with possession of cocaine base for sale (Health & Saf. Code, § 11351.5, count one), unlawful and active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a), counts two & four), and obstructing or resisting a peace officer for the benefit of a criminal street gang (Pen. Code, §§ 148, subd. (a)(1) & 186.22, subd. (d), count three).
On January 14, 2008, appellant entered into a plea agreement. At the hearing, the court advised appellant that he would admit count one in return for a midterm sentence of four years plus a concurrent sentence of two years in an unrelated action. The trial court asked appellant if he had gone over his constitutional rights with his attorney and whether he understood those rights as set forth in the advisement and waiver of rights form pursuant to Boykin/Tahl. Appellant acknowledged that he understood those rights and that he signed and executed the form. Appellant waived his right to a probation hearing in the unrelated action.
Appellant executed an advisement of rights, waiver and plea form for felonies in which he acknowledged he was waiving his constitutional rights, admitting count one, and receiving a sentence of four years.
Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122.
The parties stipulated that there was a factual basis for the plea. Appellant pled no contest to count one. The court granted the prosecutor’s motion to dismiss the remaining allegations. Appellant waived the right to have a probation report prepared. The court sentenced appellant to prison for four years, granted applicable custody credits, and imposed a restitution fine. Appellant obtained a certificate of probable cause from the trial court.
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that appellant was advised he could file his own brief with this court. By letter on July 15, 2008, we invited appellant to submit additional briefing. To date, he has not done so.
After independent review of the record, we have concluded there are no reasonably arguable legal or factual issues.
DISPOSITION
The judgment is affirmed.