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People v. Poteat

California Court of Appeals, Fourth District, First Division
Jun 17, 2011
No. D058742 (Cal. Ct. App. Jun. 17, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. PATRICK THOMAS POTEAT, Defendant and Appellant. D058742 California Court of Appeal, Fourth District, First Division June 17, 2011

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCD224894, Charles R. Gill, Judge.

NARES, J.

Patrick Thomas Poteat entered a negotiated guilty plea to second degree murder (Pen. Code, § 187, subd. (a)). The court sentenced him to prison for a stipulated term of 15 years to life. Poteat appeals. We affirm.

BACKGROUND

Poteat killed his wife by strangulation. The factual basis for the guilty plea was that Poteat committed an act that unlawfully caused the death of another person, with malice aforethought.

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 (Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel lists as possible, but not arguable, issues: (1) whether the court erred by sentencing Poteat to 15 years to life without considering probation, for which he was statutorily eligible; and (2) whether the court should have granted Poteat's request for a certificate of probable cause.

We granted Poteat permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to Wende and Anders, including the possible issues listed pursuant to Anders, has disclosed no reasonably arguable appellate issues. Poteat has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J., AARON, J.


Summaries of

People v. Poteat

California Court of Appeals, Fourth District, First Division
Jun 17, 2011
No. D058742 (Cal. Ct. App. Jun. 17, 2011)
Case details for

People v. Poteat

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. PATRICK THOMAS POTEAT, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Jun 17, 2011

Citations

No. D058742 (Cal. Ct. App. Jun. 17, 2011)