Opinion
B166983.
10-7-2003
THE PEOPLE, Plaintiff and Respondent, v. JAMES SWAN, Defendant and Appellant.
THE COURT:
James Swan appeals from the judgment entered following his negotiated plea of no contest to possession of a firearm by a convicted felon (Pen. Code, § 12021, subd. (a)(1)), after denial of his motion to suppress evidence pursuant to Penal Code section 1538.5. He was sentenced to three years in prison. We appointed counsel to represent him on this appeal.
After examination of the record, counsel filed an "Opening Brief" in which no issues were raised. On July 11, 2003, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. On August 12, 2003, we extended the time for the filing of a supplemental brief to September 10, 2003.
On September 8, 2003, appellant filed a two-page handwritten document. Setting forth his version of facts, he challenges the lawfulness of his detention, arrest and search. The trial court considered appellants testimony, as well as the testimony of the officers, in ruling on the motion to suppress evidence, and we uphold its ruling on the motion. To the extent appellant refers to facts not in the record, his claims are not properly before us in this appeal. In the absence of a certificate of probable cause, his claim that he had no choice but to enter a plea of no contest is similarly not reviewable in this appeal.
We have examined the entire record and are satisfied that appellants attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed. --------------- Notes: BOREN, P.J., NOTT, J., DOI TODD, J.