Opinion
D058744 Super. Ct. No. SCS241790
09-15-2011
THE PEOPLE, Plaintiff and Respondent, v. PAUL JAMES SIMONE, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from a judgment of the Superior Court of San Diego County, Esteban Hernandez, Judge. Affirmed.
Paul James Simone entered a guilty plea to false imprisonment (Pen. Code, §§ 236 & 237) as part of a plea agreement. The remaining charges were dismissed and Simone's probation was revoked on two separate cases. The court sentenced Simone to the middle term of two years for false imprisonment, concurrent with the sentences imposed on the probation revocations. Simone filed a timely notice of appeal.
Counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende)and Anders v. California (1967) 386 U.S. 738 (Anders)raising possible but not arguable issues. We offered Simone the opportunity to file his own brief on appeal. Simone has not responded.
STATEMENT OF FACTS
In his change of plea form Simone stated: "[I] unlawfully violated the personal liberty of Gabriela G. (a minor I did not know) by violence, menace, fraud or deceit."
DISCUSSION
As we have previously noted, appellate counsel has filed a brief indicating he is unable to identify any argument for reversal and asks this court to review the record for error as mandated by Wende, supra, 25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, the brief identifies the possible, but not arguable issues:
1. Whether the trial court abused its discretion in sentencing Simone to the middle term for false imprisonment; and
2. Whether Simone made a valid waiver of his right to a jury trial.
We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, and have not found any reasonably arguable issues. Competent counsel has represented Simone on appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J. WE CONCUR:
O'ROURKE, J.
AARON, J.