P. v. Hernandez
Filed 4/4/08 P. v. Hernandez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A. HERNANDEZ, Defendant and Appellant. | D051504 (Super. Ct. No. SCD205980) |
APPEAL from a judgment of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Affirmed.
Jose A. Hernandez entered a negotiated guilty plea to possessing marijuana for sale (Health & Saf. Code, 11359) and admitted a prior strike conviction allegation (Pen. Code, 667, subds. (b)-(i), 1170.12, 668). The court sentenced him to prison for a stipulated term of 32 months (twice the lower term). Hernandez appeals. We affirm.
BACKGROUND
Hernandez knowingly possessed marijuana intended for sale. The prior strike conviction was a 1992 conviction of armed robbery.
DISCUSSION
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 People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, she lists, as possible but not arguable issues, whether Hernandez's guilty plea and waiver of his appellate rights are constitutionally valid and whether he was properly advised he would receive a 32-month prison term according to the plea agreement.
We granted Hernandez 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, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Hernandez has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, J.
WE CONCUR:
BENKE, Acting P. J.
IRION, J.
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