P. v. Foley
Filed 8/2/10 P. v. Foley CA4/1
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
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COURT
OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
BRENDA L. FOLEY,
Defendant and Appellant.
D056686
(Super. Ct.
No. SCN246565)
APPEAL from
a judgment of the Superior Court
of San Diego
County, Daniel B. Goldstein, Judge. Affirmed.
Brenda L. Foley pleaded guilty to assault with a deadly weapon with force
likely to cause great bodily harm (count 3) and child abuse (count 4). In exchange, charges of attempted murder,
corporal injury to a spouse, and another count of child abuse were
dismissed. Pursuant to the plea agreement, the court sentenced her
to the four-year middle term for count 4 and a two-year concurrent term for
count 3 and ordered her to pay a total of $2,253.75 in restitution and
fees. It reserved jurisdiction as to
possible further restitution. Foley
appeals. We affirm.
BACKGROUND
AND DISCUSSION
Because
Foley pleaded guilty, she cannot challenge the facts underlying the
conviction. (Pen. Code, § 1237.5;
Cal.App.4th 220, 223-224.) We need not
recite them.
Appointed
appellate counsel has filed a brief summarizing the facts and proceedings
below. She presents no argument for
reversal, but asks this court to review the record for error as mandated by
Pursuant to Anders v. California
(1967) 386 U.S. 738 (Anders), counsel
refers us to possible but not arguable issues:
whether Foley was advised of the consequences of pleading guilty and of
her constitutional rights; whether
Foley properly waived those rights before pleading guilty; whether Foley's
guilty plea is constitutionally valid; whether the court imposed the sentence
in compliance with the plea agreement; and whether it abused its discretion in
rendering judgment.
We granted
Foley permission to file a brief on her own behalf. She has not responded. A review of the record pursuant to
listed pursuant to Anders, has
disclosed no reasonably arguable
appellate issues. Foley has been
adequately represented by counsel on this appeal.
DISPOSITION
The judgment
is affirmed.
McINTYRE, J.
WE CONCUR:
NARES,
Acting P.J.
HALLER,
J.
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