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People v. Wade

Court of Appeal of California
Apr 24, 2008
B203134 (Cal. Ct. App. Apr. 24, 2008)

Opinion

B203134

4-24-2008

THE PEOPLE, Plaintiff and Respondent, v. ROY JAMES WADE, Defendant and Appellant

Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

NOT TO BE PUBLISHED


Roy James Wade appeals his grand theft conviction, which resulted from his negotiated plea of no contest. Appellant also admitted one of the six "strike" priors alleged against him. The court sentenced appellant to the negotiated, second-strike term of 32 months in prison. The trial court denied appellants request for a certificate of probable cause.

Appellant and his brother approached Richard Sariana as he was washing his car. Appellant demanded that Sariana hand over money. Sariana refused, and appellant told his brother to shoot Sariana. Appellants brother moved his shirt and appeared to have a gun in his waistband. Sariana handed appellant a $50 bill. Sariana followed appellant and his brother and notified the police.

We appointed counsel to represent appellant on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record. On February 13, 2008, we advised appellant he had 30 days within which to personally submit any contentions or issues he wished us to consider. To date, we have received no response.

We have examined the entire record and have found no arguable issues. (People v. Wende (1979) 25 Cal.3d 436, 441.) Because appellant pled no contest and did not obtain a certificate of probable cause, he may only raise "grounds that arose after entry of the plea and do not affect the pleas validity" and/or "the denial of a motion to suppress evidence under Penal Code section 1538.5." (Pen. Code, § 1237.5, Cal. Rules of Court, rule 8.304(b).) Appellant did not move to suppress evidence, and, as far as the record reveals, no grounds for appeal arose after entry of the plea.

DISPOSITION

The judgment is affirmed.

We concur:

COOPER, P. J.

RUBIN, J. --------------- Notes: Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.


Summaries of

People v. Wade

Court of Appeal of California
Apr 24, 2008
B203134 (Cal. Ct. App. Apr. 24, 2008)
Case details for

People v. Wade

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ROY JAMES WADE, Defendant and…

Court:Court of Appeal of California

Date published: Apr 24, 2008

Citations

B203134 (Cal. Ct. App. Apr. 24, 2008)