P. v. Keller

 

 

 

 

 

 

 

 

 

 

 

 

Filed 7/1/13  P. v. Keller CA4/1

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>NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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

 

 

 
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THE PEOPLE,               Plaintiff and Respondent,               v.   ROBYN KELLER,               Defendant and Appellant.

D063198         (Super. Ct. No. SCD242318)

 

 

            APPEAL from
a judgment of the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">San Diego
County, Laura W. Halgren, Judge.  Affirmed.

 

            Appellate
Defenders, Inc. and Patrick E. DuNah, for Defendant and Appellant

            No
appearance by Plaintiff and Respondent.

 

            Robyn
Keller entered a negotiated guilty plea to possessing
methamphetamine (Health & Saf. Code, § 11377, subd. (a)) (count 1)
and reckless driving (Veh. Code,
§ 23103, 23103.5) as a lesser included offense of driving under the
influence (Veh. Code, § 23152) (count 2). 
The court placed her on three years of summary probation.  Keller appeals.  We affirm.

BACKGROUND

            Keller
possessed a usable amount of methamphetamine and drove recklessly with an
"intox[icating] substance involved."

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 (Wende).  Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel mentions as a possible, but not arguable, issue
whether Keller's plea was constitutionally valid. 

            We granted Keller permission to file a brief
on her own behalf.  She has responded
with the following contentions.  Law
enforcement officers searched Keller's person and vehicle without her
permission.  They were prejudiced against
her.  They handcuffed her so tightly that
her circulation was cut off.  Keller has
back problems, knee problems and anxiety due to her boxing career.  Keller told her retained attorney that she
did not want to plead guilty because she was innocent.  At the change of plea hearing, Keller was in
a wheel chair, crying and unable to "get [her] breath to talk." 

            Because Keller did not obtain a href="http://www.fearnotlaw.com/">certificate of probable cause, she cannot
challenge the validity of her guilty plea. 
(Pen. Code, § 1237.5; People
v. Mendez (1999) 19 Cal.4th 1084, 1095.) 
In addition, Keller did not file a motion to suppress in the trial court
(Pen. Code, § 1538.5), and in any case, Keller waived her right to
appeal the denial of any suppression motion. 
The record does not show any impropriety in the trial court proceedings,
and on appeal we cannot review matters that are outside the scope of the
record.  (People v. Roberts (1963) 213 Cal.App.2d 387, 394.) 

            A review of the record pursuant to >Wende and Anders, including the possible issue listed pursuant to >Anders, has disclosed no reasonably href="http://www.mcmillanlaw.com/">arguable appellate issues.  Keller has been competently represented by counsel on this
appeal. 

DISPOSITION

            The judgment is affirmed.

 

AARON, J.

 

WE CONCUR:

 

 

NARES, Acting P. J.

 

 

O'ROURKE, J.