Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. KA083543, Daniel J. Buckley, Judge.
Johnson Ellsworth McClure, in pro. per.; Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
MALLANO, P. J.
John McClure was charged by information with second degree burglary, being an accessory after the fact, and false personation, all arising from a June 16, 2008 incident in which merchandise was stolen from a Khol’s store in La Verne. The information further alleged that defendant had sustained seven prior convictions on which he served separate prison terms. On September 18, 2008, defendant entered a negotiated plea of guilty to second degree burglary. In accordance with the plea agreement, defendant waived presentence credits and was sentenced to state prison for the upper term of three years with a recommendation that he be housed at a fire camp.
Defendant filed a timely notice of appeal, accompanied by a request for a certificate of probable cause on various grounds, including that his waiver of credits was invalid. The request was denied by the trial court.
This court appointed counsel to represent defendant. Counsel filed an opening brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436, 441–442.) Upon receipt of the brief we sent letters to defendant and appointed counsel, directing counsel to immediately forward the appellate record to defendant and notifying defendant that within 30 days he could personally submit any contentions or issues that he wished us to consider.
Defendant responded with a supplemental brief in which he contends that presentence credit should have been granted from the date of his arrest until September 5, 2008, when he waived time for trial. In support of this contention, defendant argues that counsel had a conflict of interest because he was represented by different deputy public defenders throughout the proceedings, that his plea was induced by the misrepresentation of a deputy public defender, and that when he entered his plea he did not realize that he was waiving all presentence credit. Because defendant’s argument attacks the validity of his plea, it cannot be considered in the absence of a certificate of probable cause. (Pen. Code, § 1237.5; cf. People v. Buttram (2003) 30 Cal.4th 773, 780, 787.) In addition, our review on appeal is limited to the written record of the trial court proceedings. (In re Carpenter (1995) 9 Cal.4th 634, 646.) Nothing in that record undermines the validity of defendant’s waiver of presentence custody credits. Accordingly, his contention must be rejected.
We have examined the entire record and are satisfied that defendant’s counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109–110; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
We concur: ROTHSCHILD, J., JOHNSON, J.