Opinion
B263013
03-25-2016
THE PEOPLE, Plaintiff and Respondent, v. LARRY REED, Defendant and Appellant.
Siri Shetty, under appointment by the Court of Appeal, and Larry Reed, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. NA099274) APPEAL from an order of the Superior Court of Los Angeles County, Laura Laesecke, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, and Larry Reed, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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Larry Reed appeals from the judgment entered after he pled no contest to bringing contraband into jail. His appointed counsel filed a brief under People v. Wende (1979) 25 Cal.3d 436, and appellant filed a supplemental letter brief.
Appellant was charged with bringing contraband into jail (count 1) and possession of controlled substance (count 2) after 18 baggies of methamphetamine were found in his shoes during a booking search on May 29, 2014. (Pen. Code, § 4573, subd. (a); Health & Saf. Code, § 11377.) The information also alleged eleven prison priors and one prior strike conviction. (Pen. Code, §§ 667.5; 667, subd. (d); 1170.12, subd. (b).) Pursuant to a plea agreement, appellant pled no contest to count 1 and admitted his prior strike conviction; he was sentenced to four years in prison, consisting of a low term of two years, which was doubled because of the strike conviction. Count 2 was dismissed.
Appellant was allowed to file a late notice of appeal and to seek a certificate of probable cause. His request for the certificate was denied. In his supplemental letter, appellant claims his attorney advised him that the People had offered a two-year deal in exchange for a guilty plea to the possession charge in count 2, and the court abused its discretion in refusing to strike his prior strike conviction under People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
Appellant misstates the record. The reporter's transcript shows he was asked to plead to count 1 (bringing contraband into jail) and to admit his prior strike conviction, which is what he did in open court. His attorney acknowledged in appellant's presence that appellant was offered a four-year deal, and appellant received the agreed-upon sentence. Before appellant accepted the plea deal, the court denied his request to strike the strike conviction because of his extensive criminal record and the amount of drugs he allegedly had brought into jail. Thus, all of appellant's claims go to the validity of his plea.
A certificate of probable cause is required to challenge the validity of a plea, including the imposition of an agreed-upon sentence. (People v. French (2008) 43 Cal.4th 36, 43-44.) The denial of such a certificate is reviewable only by timely petition for a writ of mandate. (People v. Castelan (1995) 32 Cal.App.4th 1185, 1188.) Appellant has not challenged the denial of the certificate, and we see no reason to construe this appeal as a petition for a writ of mandate. (See In re Brown (1973) 9 Cal.3d 679, 683.) His claims are, therefore, not cognizable on appeal.
We have reviewed the record under People v. Kelly (2006) 40 Cal.4th 106. No arguable issues for appeal exist.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
EPSTEIN, P.J. We concur:
MANELLA, J.
COLLINS, J.