Opinion
B333037
06-18-2024
THE PEOPLE, Plaintiff and Respondent, v. JAMES NOLANS LOGAN, Defendant and Appellant.
Teresa Biagini, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County, No. BA495305 Laura F. Priver, Judge. Affirmed.
Teresa Biagini, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
SEGAL, J.
James Nolans Logan was convicted, pursuant to a plea of no contest, of voluntary manslaughter (Pen. Code, § 192, subd. (a)). Logan admitted circumstances in aggravation, including that he was armed with or used a weapon in the commission of the offense (Cal. Rules of Court, rule 4.421(a)(2)), that he had a prior conviction for a serious or violent felony within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)-(j); 1170.12, subds. (a)-(d); Cal. Rules of Court, rule 4.421(b)(1)), and that his prior convictions were of increasing seriousness (Cal. Rules of Court, rule 4.421(b)(2)). The trial court sentenced Logan to 22 years in state prison.
We appointed counsel to represent Logan in this appeal. Logan's appointed counsel reviewed the record and did not identify any arguable issues. Nor, after reviewing the record independently, have we. Therefore, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Police officers responded to a radio call of a shooting. Upon arriving at the scene, they saw a large group of people running from a parking lot and Shanell Williams on the sidewalk with multiple gunshot wounds. Williams later died from her injuries. The incident was caught on surveillance video, and Logan was later arrested.
The People charged Logan with murder (Pen. Code, § 187, subd. (a)) and possession of a firearm by a felon (id., § 29800, subd. (a)(1)). Following advisement and waiver of his constitutional rights, Logan pleaded no contest to voluntary manslaughter. The court dismissed the remaining counts. The trial court sentenced Logan to 11 years, doubled under the three strikes law.
The trial court granted the People's request to amend the information to add a count for voluntary manslaughter.
Logan filed a notice of appeal, stating his appointed trial counsel provided ineffective assistance of counsel that caused him to receive "extra jail time." The trial court denied his request for certificate of probable cause.
Logan did not file a petition for writ of mandate challenging the order denying his request for a certificate of probable cause. (See People v. Castelan (1995) 32 Cal.App.4th 1185, 1188.) Absent such a certificate, "a defendant may obtain review solely of so-called 'noncertificate' issues, that is, postplea questions not challenging his plea's validity." (People v. Mendez (1999) 19 Cal.4th 1084, 1088; see Cal. Rules of Court, rule 8.304(b).).
DISCUSSION
Logan's court-appointed appellate counsel filed a brief raising no issues. Counsel advised Logan on April 8, 2024 that he could file a supplemental brief within 30 days. Counsel also sent Logan the transcripts of the record on appeal and a copy of the brief. On April 9, 2024 we also notified Logan that he could submit within 30 days a supplemental brief or letter stating any grounds for an appeal, contentions, or arguments he wanted us to consider. We have not received a response from Logan.
We have examined the record and are satisfied that appellate counsel for Logan has complied with her responsibilities and that there are no arguable issues. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende (1979) 25 Cal.3d 436, 441-442.)
DISPOSITION
The judgment is affirmed.
We concur: MARTINEZ, P. J., FEUER, J.