Opinion
A101752.
7-30-2003
THE PEOPLE, Plaintiff and Respondent, v. DUSTIN A. WOOLF, Defendant and Appellant.
Defendant appeals from a judgment entered on his plea. His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071.)
Defendant entered a plea of no contest to a charge of false imprisonment (Pen. Code, § 236); the remaining charges of first degree burglary ( § 459) and two counts of making terrorist threats ( § 422) were dismissed as a part of a negotiated disposition. He was placed on three years felony probation and ordered to serve nine months in jail.
All further section references are to the Penal Code.
The factual background of these charges is adequately summarized in defendants brief. According to the probation report, defendant and his codefendant broke into the victims residence, in the nighttime, and one victim awoke to find defendant standing over her, squeezing her throat. The defendants were apparently looking for someone named "Joey." The other victim was also grabbed around the neck. Once the defendants ascertained that the victims did not know the whereabouts of "Joey," they left the residence, after threatening to kill the victims if they reported the incident to the authorities. (Probation Report, p. 1-2.)
Defendant was advised of his constitutional rights prior to the entry of his plea, as well as the consequences of his plea. The court found the plea was free and voluntary and that there was a factual basis for it. No error appears in the entry of his plea, or in the sentencing proceedings. Defendant was represented by counsel at all times. There are no meritorious issues to be argued on appeal.
The judgment is affirmed.
We concur: Kay, 2 P.J. Rivera, J.