Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. RIF131512. Roger A. Luebs, Judge.
Martin Kassman, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
HOLLENHORST, Acting P. J.
Defendant and appellant Terry Wayne White was charged with willfully discharging a firearm in a grossly negligent manner (Pen. Code, § 246.3, count 1), and assault with a firearm (§ 245, subd. (a)(2), counts 2 and 3). It was further alleged as to counts 2 and 3 that he personally used a firearm (§§ 12022.5, subd. (a)). Pursuant to a plea agreement, defendant pled guilty to all counts and admitted the enhancements, with the understanding that the trial court would impose a sentence no greater than eight years in state prison. The court sentenced him to a total term of five years in state prison.
All further statutory references will be to the Penal Code unless otherwise noted.
Defendant filed a notice of appeal and a request for a certificate of probable cause, which the court denied. We affirm.
PROCEDURAL BACKGROUND
On April 16, 2009, defendant pled not guilty to all counts.
On April 20, 2009, defendant withdrew his plea and entered into a plea agreement under which he pled guilty to all counts and admitted the firearm use enhancements. Before accepting the plea, the court questioned him. Defendant confirmed that: He had initialed and signed the plea form; he understood everything on the form and the constitutional rights he was waiving; no one had threatened him to plead guilty; he had discussed the case with his attorney; and he understood the consequences of his plea. Defendant then pled guilty in open court to counts 1, 2, and 3 and admitted the firearm use enhancement allegations. The court found that the guilty pleas and admissions were knowing, intelligent, and voluntary. Defendant stipulated to the factual basis based upon the preliminary hearing transcript. The court subsequently sentenced him to the mitigated term of five years in state prison. The court also awarded him a total of 1217 days of custody credits, which consisted of 1059 days of actual credits and 158 days of local credits. The court later agreed with a letter filed by defense counsel pointing out that defendant should have been awarded 1219 days of custody credits. The court thus issued an amended abstract of judgment reflecting the correct number of credits.
On July 10, 2009, defendant filed a notice of appeal in propria persona and indicated he wanted the section 12022.5, subdivision (a) firearm use enhancements removed, claiming they could not attach to an assault with a firearm charge (§ 245, subd. (a)(2)). On July 23, 2009, defendant’s appellate counsel filed an amended notice of appeal, indicating the appeal was “based on the sentence or other matters not affecting the validity of the plea,” and also that the appeal challenged the validity of the plea. The request for certificate of probable cause stated that defendant’s challenge to the validity of the plea was “set out in his pro[.] per[.] notice of appeal.” The court denied the request for a certificate of probable cause, stating that the contention that a section 12022.5, subdivision (a) enhancement could not attach to a section 245, subdivision (a)(2) charge was “patently frivolous as contrary to well established law.”
DISCUSSION
Dependant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case but no arguable issues. Counsel has also requested this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and found no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: MCKINSTER J. MILLER J.