P. v. Gordillo
Filed 12/17/09 P. v. Gordillo CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. NOE GORDILLO, Defendant and Appellant. | D055554 (Super. Ct. No. SCN239769) |
APPEAL from a judgment of the Superior Court of San Diego County, Daniel B. Goldstein, Judge. Affirmed.
Noe Gordillo entered a negotiated guilty plea to first degree burglary (Pen. Code, 459/460)[1] and admitted he personally used a firearm in committing the offense ( 12022.5, subd. (a)) and that another person, other than an accomplice, was present in the residence at the time of the burglary ( 667.5, subd. (c)(21)). Under the plea agreement, the prosecution agreed to dismiss one count of assault with a firearm, two counts of making a criminal threat, one count of possessing a firearm while being prohibited from doing so because of a past conviction, and one count of possessing a firearm while being prohibited from doing so because of his probation status. The plea bargain called for a sentencing lid of eight years in prison.
Subsequently, Gordillo moved to withdraw his guilty plea, claiming he was confused the day he pleaded guilty and his attorney had not fully explained his options or answered all his questions. Gordillo said his cellmate had given him a sleeping pill the night before, and "I felt like I was a zombie." The trial court appointed another attorney to represent Gordillo on the motion to withdraw the plea. Following a hearing, the court denied the motion. Subsequently, the court sentenced Gordillo to eight years in prison.
Gordillo obtained a certificate of probable cause.
FACTS
On December 22, 2007, Gordillo confronted Rolando Alvarado as he and his family were leaving their Escondido apartment. Gordillo demanded Alvarado pay him money owed to him by Alvarado's brother. When Alvarado refused, Gordillo pointed a gun at Alvarado and said: "Where do you want me to shoot you?" At that point, Alvarado's wife called the police, and Gordillo entered the apartment to stop her. Gordillo grabbed Alvarado's wife by the neck and yelled: "Hang up, hang up." Gordillo threatened to come back to get the money or kill Alvarado. About a week later, Gordillo called Alvarado and said if he had wanted to kill them, he could have done so.
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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the trial court abused its discretion by denying Gordillo's motion to withdraw his guilty plea; and (2) whether Gordillo's guilty plea is invalid as a result of ineffective assistance of counsel both at his preliminary hearing and when he pleaded guilty.
We granted Gordillo permission to file a brief on his own behalf. He has not responded.
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, has disclosed no reasonably arguable appellate issues. Gordillo has been adequately represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, J.
WE CONCUR:
NARES, Acting P. J.
AARON, J.
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[1] Statutory references are to the Penal Code.
