Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego CountySuper. Ct. No. SCD186595, Robert F. O'Neill, Judge. Affirmed.
O'ROURKE, J.
Jorge Francisco Munoz entered a negotiated guilty plea to second degree murder (Pen. Code, § 187, subd. (a)) with personal discharge of a firearm (Pen. Code, § 12022.53, subd. (c)). The court sentenced Munoz to a stipulated prison term of 15 years to life for second degree murder plus 20 years for the enhancement. Munoz appeals. We affirm.
BACKGROUND
On October 23, 2004, Brandon Y. and his friend Nathan R. were riding their bikes to Brandon's home. They encountered Munoz, Edwin Maciel, and Alvaro Talancon, who were in front of Maciel's home. A fight started. Brandon and Nathan ran to Brandon's home with Munoz, Maciel, and Talancon in pursuit. Munoz pulled out a gun and shot Brandon several times, killing him.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. We granted Munoz permission to file a brief on his own behalf. He has responded, contending, "The only issues, if any, that come to mind are my age at the time of my arrest and the sentence that I'm serving." Absent a certificate of probable cause, Munoz cannot challenge the validity of his guilty plea. (Pen. Code, § 1237.5; People v. Mendez (1999) 19 Cal.4th 1084, 1095.) Furthermore, as part of his plea bargain, he waived his right to appeal any stipulated sentence.
Munoz was 17 years old when he was arrested.!(CT 366, 373)!
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Munoz has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McDONALD, Acting P. J., AARON, J.