Opinion
D041455.
7-9-2003
THE PEOPLE, Plaintiff and Respondent, v. STANLEY K. SHIGEISHI, Defendant and Appellant.
Stanley K. Shigeishi entered negotiated guilty pleas to four counts of lewd and lascivious conduct with a child under the age of 14 years and admitted substantial sexual conduct on one of the counts. (Pen. Code, §§ 288, subd. (a), 1203.066, subd. (a)(8).) The court sentenced him to prison for five years: the three-year lower term on one lewd conduct conviction with a consecutive two years on a second (one-third the middle term). It imposed concurrent terms on the remaining convictions.
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, 158 Cal. Rptr. 839, 600 P.2d 1071. Pursuant to Anders v. California (1967) 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396 counsel refers to as possible but not arguable issues: (1) whether Shigeishis guilty pleas were constitutionally valid; (2) whether Shigeishis failure to obtain a certificate of probable cause renders the appeal invalid; and (3) whether the trial court erred in imposing consecutive terms.
We granted Shigeishi 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 Shigeishi on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HUFFMAN, J. and OROURKE, J. --------------- Notes: Because Shigeishi entered guilty pleas, he cannot challenge the facts underlying the conviction. (Pen. Code, § 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693, 108 Cal. Rptr. 809, 511 P.2d 1161.) We need not recite the facts.