Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Solano County Super. Ct. Nos. FCR228827, FCR228586
NEEDHAM, J.
Appellant James Itsuki McClary pled no contest to dissuading a witness under Penal Code section 136.1, subdivision (b)(2) and offering to bribe a witness under section 138, subdivision (a). He admitted three prison priors under section 667.5, subdivision (b) and was sentenced to a stipulated prison term of six years eight months. In this appeal from the judgment, court-appointed counsel has briefed no issues, but has asked this court to independently review the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm.
Further statutory references are to the Penal Code unless otherwise indicated.
FACTS AND PROCEDURAL HISTORY
Appellant was charged by information with attempted murder (§§ 664/187, subd. (a)), attempted second degree robbery (§§ 664/211/212.5, subd. (c)), assault with a semiautomatic firearm (§ 245, subd. (b)), possession of a firearm by a felon (§ 12021, subd. (a)(1)), dissuading a witness (§ 136.1, subd. (b)(2)), dissuading a witness by force or threat (§ 136.1, subd. (c)(1)), offering to bribe a witness (§ 138, subd. (a)), possession of a firearm by a felon (§ 12021, subd. (a)(1)), and possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)), along with three prior prison term allegations (§ 667.5, subd. (b)). He filed a motion for dismissal based on the prosecution’s failure to bring him to trial within 60 days of arraignment on the information, as is required by section 1382, subdivision (a)(2). The court denied the motion, finding that counsel had implicitly waived time on appellant’s behalf by agreeing to a trial date that fell outside the 60-day period. The court granted in part and denied in part a motion to set aside the information under section 995.
Appellant entered into a plea agreement in which he pled no contest to dissuading a witness under Penal Code section 136.1, subdivision (b)(2) and offering to bribe a witness under section 138, subdivision (a), and admitted three prison priors under section 667.5, subdivision (b). The court accepted the plea and imposed the stipulated prison sentence of six years eight months. Appellant filed a notice of appeal and obtained a certificate of probable case under section 1237.5. His appointed appellate counsel filed a Wende brief.
DISCUSSION
As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we affirmatively note that appointed counsel has filed a Wende brief raising no issues, that counsel and this court have advised appellant of his right to file a supplemental brief, and that appellant did not file such a brief. We have independently reviewed the entire record for potential error and, as discussed below, find none.
Before the court accepted his no contest plea, appellant was advised of his right to a jury trial, his right to call witnesses and present a defense during that proceeding, his right to confront the witnesses against him, and his right to refuse to take the stand and incriminate himself. There is nothing in the record to suggest his plea was anything other than knowing and voluntary. (See People v. Allen (1999) 21 Cal.4th 424, 437.)
Appellant notes in his application for a certificate of probable cause that the trial court denied his speedy trial motion before he entered his no contest plea. Subject to certain exceptions not relevant here, a defendant who pleads guilty or no contest to a felony may not appeal on the ground that he was denied his right to a speedy trial. “This is because such a claim usually involves whether the passage of time frustrated the defendant's ability to prove innocence, an issue removed from the case by the defendant's admission of guilt.” (People v. Gutierrez (1994) 30 Cal.App.4th 105, 108.)
DISPOSITION
The judgment is affirmed.
We concur. JONES, P. J., GEMELLO, J.