Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from an order of the Superior Court of Los Angeles County. Steven Van Sicklen, Judge, Super. Ct. No. A 975173
Gideon Margolis, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ROTHSCHILD, J.
We appointed counsel to represent appellant in this matter. After examining the record, counsel filed a “Wende” brief raising no issues on appeal and requesting that we independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We directed appointed counsel to immediately send the record on this appeal and a copy of the opening brief to appellant and notified appellant that within 30 days from the date of the notice he could submit by brief or letter any grounds of appeal, contentions or argument he wished us to consider. Appellant responded with a request that we relieve his appointed counsel. We denied that request.
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende, supra, 25 Cal.3d at p. 441.)
Appellant seeks destruction of the record of his adult arrest which led to his guilty plea to being an accessory after the commission of a felony. As the trial court explained to appellant, destruction of records under Penal Code section 851.8 requires a determination of factual innocence and because appellant entered a guilty plea he could not be found factually innocent.
DISPOSITION
The order is affirmed.
We concur: MALLANO, P. J., WEISBERG, J.
Retired Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.