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People v. Nagast

Court of Appeals of California, Fourth Appellate District, Division One.
Nov 21, 2003
No. D041514 (Cal. Ct. App. Nov. 21, 2003)

Opinion

D041514.

11-21-2003

THE PEOPLE, Plaintiff and Respondent, v. KEBRA NAGAST, Defendant and Appellant.


After the court denied motions to suppress evidence (Pen. Code, § 1538.5) and to dismiss the information, Kebra Nagast entered negotiated guilty pleas to possessing cocaine base for sale (Health & Saf. Code, § 11351.5), selling cocaine base (§ 11352, subd. (a)), making a terrorist threat (§ 422), resisting an executive officer (§ 69), and resisting arrest (§ 148). He admitted having suffered a prior drug conviction (Health & Saf. Code, § 11370, subd. (a)), and having served three prior prison terms (§§ 667.5, subd. (b), 668). The court sentenced Nagast to prison for eight years eight months: the five-year upper term for possessing cocaine base for sale, enhanced by three 1-year terms for the prior prison terms, and a consecutive eight months for making a terrorist threat (one-third the middle term). The court imposed concurrent terms for resisting an executive officer and resisting arrest (180 days in custody with credit for time served) and stayed sentence for selling cocaine base (§ 654). The court denied a motion to withdraw the guilty pleas and ordered Nagast to pay $1,150 restitution and a $7,850 restitution fine. The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 31(d).)

All statutory references are to the Penal Code unless otherwise specified.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. 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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the trial court erred in denying Nagasts motion to suppress evidence; (2) whether Nagast waived, in the plea bargain, the right to challenge denial of the motion to suppress evidence; (3) whether the trial court erred in denying Nagasts motion to withdraw the guilty pleas; (4) whether lack of a certificate of probable cause precludes Nagast from challenging denial of his motion to withdraw the guilty pleas; and (5) whether Nagast was properly advised of his rights prior to entering the guilty pleas and admissions.

Because Nagast entered guilty pleas, he cannot challenge the facts underlying the conviction. (§ 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.

We granted Nagast permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Nagast on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: NARES, Acting P. J., OROURKE, J.


Summaries of

People v. Nagast

Court of Appeals of California, Fourth Appellate District, Division One.
Nov 21, 2003
No. D041514 (Cal. Ct. App. Nov. 21, 2003)
Case details for

People v. Nagast

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KEBRA NAGAST, Defendant and…

Court:Court of Appeals of California, Fourth Appellate District, Division One.

Date published: Nov 21, 2003

Citations

No. D041514 (Cal. Ct. App. Nov. 21, 2003)