Opinion
B233176
03-28-2012
THE PEOPLE, Plaintiff and Respondent, v. DANIEL A. TRINIDAD, Defendant and Appellant.
Carla Castillo, under appointment by the Court of Appeal, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. TA112714)
APPEAL from a judgment of the Superior Court of Los Angeles County. Allen J. Webster, Judge. Affirmed.
Carla Castillo, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Daniel A. Trinidad pled no contest to one count of robbery in violation of Penal Code section 211, and admitted a gang and firearm allegation pursuant to sections 186.22, subdivision (b) and 12022.53, subdivision (b), respectively. In exchange for his plea, the prosecutor agreed to drop the additional charge of dissuading a witness by force or threat (§ 136.1, subd. (c)(1)) and to request a sentence of 24 years in state prison in lieu of the two life sentences which appellant would face were he convicted of all charges.
Further statutory references are to the Penal Code.
Prior to sentencing, appellant filed a motion to withdraw his plea; the prosecutor opposed the motion. On March 15, 2011, the court relieved the public defender and appointed new counsel to represent appellant.
On March 30, 2011, the court held a hearing on appellant's motion to withdraw his plea. Appellant testified that he felt pressured by his attorney to enter the plea; his counsel argued that the plea was not voluntary because it was a "package deal" with his codefendant, who wanted to accept the plea. The trial court reviewed at length the transcript of the plea, noting that appellant had made no mention of any dissatisfaction with counsel or with the terms or circumstances of the plea at the time it was taken. The court concluded that appellant had failed to establish good cause to withdraw the plea, as that term is defined in California case law. Appellant was sentenced to 24 years in state prison pursuant to the terms of the plea bargain.
Appellant timely appealed his conviction, and was granted a certificate of probable cause. We appointed counsel to represent him on this appeal.
After examination of the record, counsel filed an opening brief which contained an acknowledgment that she had been unable to find any arguable issues. On January 3, 2012, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that defendant's appellate attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.) Specifically, the record supports the trial court's determination that appellant presented no good cause to withdraw his plea of no contest. (People v. Sandoval (2006) 140 Cal.App.4th 111, 123.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
ARMSTRONG, Acting P. J. We concur:
MOSK, J.
KRIEGLER, J.