P. v. Diparra
Filed 5/19/08 P. v. Diparra 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. JOSE LUIS DIPARRA, Defendant and Appellant. | D051781 (Super. Ct. No. SCD206196) |
APPEAL from a judgment of the Superior Court of San Diego County, Stephanie Sontag, Judge. Affirmed.
Jose Luis Diparra entered a negotiated guilty plea to one count of failing to register as a sex offender (Pen. Code, 290, subd. (g)(2)) and admitted he had one prior serious/violent felony or strike conviction (Pen. Code, 667, subds. (b)-(i)). As part of the plea bargain, the prosecutor agreed to dismiss another strike conviction allegation and an allegation that he had served a prior prison term (Pen. Code, 667.5, subd. (b)), and Diparra acknowledged that as a result of the plea his probation or parole in other cases could be revoked and he could receive consecutive sentences.
Diparra filed a sentencing memorandum on his own behalf in which he requested leniency based on his post traumatic stress syndrome, which resulted from his military service in the Vietnam War and the staleness of his prior sex crime, which occurred almost 25 years ago. Trial counsel also filed a motion to dismiss the prior strike conviction in the interests of justice. The court sentenced Diparra to 16 months in prison, to run concurrently with a 16-month term for a probation violation.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as a possible, but not arguable, issue: whether Diparra was sentenced according to his plea agreement.
We granted Diparra permission to file a brief on his own behalf. He has filed a supplemental brief in which he challenges determinations made by the Board of Prison Terms regarding his release date. Diparra's claim is not cognizable in this appeal, which is limited to questions arising in connection with the superior court proceedings. "Aside from the question of the statutory scope of appeal under Penal Code section 1259, it is settled that matters not presented to the trial court and hence not a proper part of the record on appeal will not be considered by an appellate court." (People v. Chi Ko Wong (1976) 18 Cal.3d 698, 711, overruled on other grounds in People v. Green (1980) 27 Cal.3d 1, 28-34.)
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel and those raised by Diparra in his supplemental brief, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Diparra on this appeal.
DISPOSITION
The judgment is affirmed.
McCONNELL, P. J.
WE CONCUR:
O'ROURKE, J.
IRION, J.
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