P. v. Brown

Filed 10/23/07 P. v. Brown CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from a judgment of the Superior Court of Los Angeles County, Sam Ohta, Judge. Affirmed.

Julius Cornell Brown, in pro. per., and Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Julius Brown was charged with three counts of attempted premeditated murder, three counts of making a terrorist threat, and one count of assault with a deadly weapon. It was further alleged that a juvenile petition had previously been sustained against defendant within the meaning of the Three Strikes law. The charges arose from an incident that occurred in Los Angeles on January 28, 2006, when defendant approached the occupants of a Ford Thunderbird and threatened one of them with a box cutter, approached the Thunderbird again several minutes later and waved a gun at the occupants, threatening to kill them, and approached the Thunderbird a third time several minutes later when the occupants were on the street, driving his own car into three of them.

Defendant, represented by appointed counsel, entered negotiated pleas of no contest to two counts of attempted murder and one count of making a criminal threat, and admitted the prior juvenile adjudication. In conjunction with entering his pleas, defendant waived his constitutional rights and stated he understood that he could receive three life terms if he went to trial. In accordance with the plea agreement, defendant was sentenced to a total term of 16 years in state prison, comprised of the lower term for one count of attempted murder and consecutive terms for a second count of attempted murder and one count of making a criminal threat, with all terms doubled under the Three Strikes law.

Defendant filed in propria persona a notice of appeal and a request for a certificate of probable cause, stating he would like to withdraw [his] plea due to misrepresentation, withheld witnesses, and a lack of communication on all aspects of [his] case by the court appointed attorney. The trial court granted defendants request.

This court appointed counsel to represent defendant on appeal. Counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, 441442, in which no issues were raised. This court then notified defendant that he could personally submit any contentions or issues that he wished us to consider.

In a submission filed in response to our invitation, defendant contends that he was rushed into entering his plea by trial counsel, and that although appellate counsel was contacted by witnesses favorable to the defense, counsel told defendant that the information she received would not be favorable to defendant. Our review of defendants contentions, as with all matters on appeal, is limited to the written record of the trial court proceedings. (In re Carpenter (1995) 9 Cal.4th 634, 646.) There is nothing in the trial court record that would provide any basis for granting relief to defendant. Accordingly, defendants contentions must be rejected.

We have examined the entire record and are satisfied that appellate counsel has fully complied with her responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109110; People v. Wende, supra, 25 Cal.3d at p. 441.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED.

MALLANO, Acting P. J.

We concur:

VOGEL, J.

ROTHSCHILD, J.

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