Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 056132
ROBIE, J.
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.
Defendant Alfred Wayne Melbourne pled no contest to aggravated assault and admitted prior strike and great bodily injury allegations. The trial court sentenced defendant to a stipulated term of 11 years in prison, imposed a $200 restitution fine, stayed a $200 restitution fine pending revocation of parole, and awarded defendant 393 days of presentence credit. On March 26, 2007, pursuant to the request of defense appellate counsel (People v. Clavel (2002) 103 Cal.App.4th 516, 519, fn. 4), the trial court modified the custody credits to 394 actual days and 59 conduct days for a total of 453 days of presentence custody credit.
Two years before, defendant’s ex-wife, Selinda Rivera, divorced him. According to Rivera, defendant was jealous of her relationship with her new boyfriend, Lewis Little, and was continually harassing them.
On September 28, 2005, Little was in the front yard of Jinna Swindle’s house when he was approached by defendant. Defendant told Little to call Rivera, and when Little refused, defendant attacked him. Robert Swindle, Jinna Swindle’s brother, came to Little’s aid and was also assaulted by defendant. As a result of the assaults, Swindle suffered a stab wound to his shoulder and Little suffered a stab wound to his bicep and ear and two stab wounds to his abdomen. Defendant ran from the yard and was subsequently arrested.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.
Defendant filed a supplemental brief contending ineffective assistance of counsel on the part of prior counsel and his counsel during the plea. Where a defendant on appeal contends his guilty plea must be set aside or withdrawn, because of ineffective assistance of counsel, defendant must first obtain a certificate of probable cause in order to make his appeal on those issues operative. (People v. Stubbs (1998) 61 Cal.App.4th 243, 244-245; People v. Cotton (1991) 230 Cal.App.3d 1072, 1078-1079.) Defendant’s request for a certificate of probable cause was denied by the superior court, and so we must dismiss his claim.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: DAVIS, Acting P.J., BUTZ, J.