P. v. >Coronado>

 

 

 

 

 

 

 

Filed 8/14/13  P. v. Coronado CA4/1

> 

> 

> 

> 

> 

> 

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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

 

 

COURT
OF APPEAL, FOURTH APPELLATE DISTRICT

 

DIVISION
ONE

 

STATE
OF CALIFORNIA

 

 

 
>

THE PEOPLE,               Plaintiff and Respondent,               v.   ADALBERTO CORONADO,               Defendant and Appellant.

D063567         (Super. Ct. No. SCD241433)

 

            APPEAL from
a judgment of the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">San Diego
County, Eugenia A. Eyherabide, Judge.  Affirmed.

 

            Steven J.
Carroll, under appointment by the Court of Appeal, for Defendant and Appellant.

            No
appearance for Plaintiff and Respondent.

            In November
2012, Adalberto Coronado entered a negotiated guilty plea to a felony, being a
felon in possession of a firearm (Pen.
Code, § 29800, subd. (a)(1)),href="#_ftn1"
name="_ftnref1" title="">[1]
and a misdemeanor, resisting an officer (§ 148, subd. (a)(1)).  As part of the plea bargain, Coronado
admitted having suffered a strike prior conviction (§ 667, subds. (b)-(i)).  In January 2013, Coronado
stated that he wished to withdraw his plea because his attorney had pressured
him to enter into the plea bargain.  The
court granted Coronado's >Marsden motion (People v. Marsden (1970) 2 Cal.3d 118) and appointed new
counsel.  New counsel filed a href="http://www.mcmillanlaw.com/">motion to withdraw the plea.  In February, the court denied the
motion.  The court sentenced Coronado
to a stipulated four-year prison term: 
twice the two-year middle term for firearm possession, with credit for
time served for resisting an officer.  Coronado
appeals.  We affirm.

BACKGROUND

            After
having been convicted of a felony, Coronado
possessed a firearm.  He also unlawfully
resisted a peace officer in the discharge of his lawful duties.  He had a strike prior based on a violation of
section 211. 

DISCUSSION

            Appointed appellate counsel has
filed a brief summarizing the facts and proceedings below.  Counsel presents no argument for reversal,
but asks this court to review the record for error as mandated by >People
v. Wende (1979) 25 Cal.3d 436 (Wende).  Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel mentions as possible, but not arguable,
issues:  (1) whether the guilty plea is
constitutionally valid; (2) whether there was a proper factual basis for the
plea; and (3) whether the court abused its discretion by denying the href="http://www.fearnotlaw.com/">motion to withdraw the plea. 

            We granted Coronado permission to file a brief
on his own behalf.  He has not
responded.  A review of the record
pursuant to Wende and >Anders, including the possible issues
listed pursuant to Anders, has
disclosed no reasonably arguable
appellate issues.  Coronado has been competently
represented by counsel on this appeal. 

DISPOSITION

            The
judgment is affirmed.

 

                                                           

HALLER, J.

 

WE CONCUR:

 

 

                                                           

BENKE, Acting P. J.

 

 

                                                           

O'ROURKE, J.