P. v. Gonzalez
Filed 3/2/12 P. v. Gonzalez CA4/1
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COURT
OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
D059527
(Super. Ct.
No. SCS226730)
APPEAL from
a judgment of the Superior Court
of
County, Esteban Hernandez, Judge. Affirmed.
Mario
Gonzalez entered into a plea agreement, under the terms of which he pled guilty
to three offenses with firearm
enhancements and stipulated to a 15-year prison sentence. Nine remaining counts were dismissed. Gonzalez filed a timely notice of appeal and
requested a certificate of probable cause,
which was denied by the court.
Pursuant to
his plea agreement, Gonzalez pled
guilty to count 1, kidnapping (Pen. Code,
firearm enhancement under section 12022.53, subdivision (b); count 8, assault
with a firearm (§ 245, subd. (a)(2)) and count 10, kidnapping (§ 207,
subd. (a)). Gonzalez was sentenced to
the stipulated 15-year term.
After
entering his guilty pleas Gonzalez requested and was granted the right to
represent himself. Six weeks later,
Gonzalez requested that counsel be re-appointed and the court granted his
request. Gonzalez later brought a
motion was denied.
Counsel has
filed a brief pursuant to
Cal.3d 436 (Wende) and
(Anders) raising possible, but not
arguable issues. We offered Gonzalez the
opportunity to file his own brief on appeal but he has not responded.
STATEMENT
OF FACTS
The
offenses appear to arise from a dispute Gonzalez had with another individual,
Jose Arreola, regarding money. As
Gonzalez attempted to locate Arreola, he kidnapped and assaulted several
people.
On February 18, 2009, Gonzalez kidnapped
Jamie Murphy and threatened her with a firearm.
He demanded to know where Jose A. was located and when he did not get
the desired information he threatened Murphy.
On the same date Gonzalez assaulted Alberto Herrera and struck him
several times with a firearm. Gonzalez
also kidnapped Herrera on the 18th.
DISCUSSION
As we have
previously noted, appellate counsel has filed a brief indicating he is unable
to identify any argument for reversal and asks this court to review the record
for error as mandated by Wende,
738, the brief identifies possible, but not arguable issues:
1. Whether the court erred in denying Gonzalez's
motion to withdraw his guilty plea; and
2. Whether the trial court correctly calculated
custody credits at the time of sentencing.
We have
reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, 386 U.S.
738, and have not found any reasonably arguable appellate issues. Competent counsel has represented Gonzalez.
DISPOSITION
The
judgment is affirmed.
HUFFMAN, J.
McCONNELL, P. J.
NARES, J.
further statutory references are to the Penal Code unless otherwise specified.
