P. v. Reyes
Filed 3/11/08 P. v. Reyes 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. JUAN ANTONIO REYES, Defendant and Appellant. | D051740 (Super. Ct. No. SCD262886) |
APPEAL from a judgment of the Superior Court of San Diego County, Herbert J. Exarhos, Judge. Affirmed.
Juan Antonio Reyes entered a negotiated guilty plea to aggravated assault (Pen. Code, 245, subd. (a)(1), 1192.7, subd. (c)(23)) and admitted a criminal street gang allegation (Pen. Code, 186.22, subd. (b)(1)). The trial court sentenced Reyes to the seven-year prison term stipulated in the plea agreement.
FACTS
On July 12, 2006, Reyes "pistol-whipped" a man with a handgun. He committed this offense for the benefit of and in association with a criminal street gang.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court 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 Reyes's waiver of the right to appeal was valid; (2) whether the negotiated plea for a seven-year term was constitutionally valid; and (3) whether defense counsel provided effective assistance.
We granted Reyes 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. Competent counsel has represented Reyes on this appeal.
DISPOSITION
The judgment is affirmed.
McCONNELL, P. J.
WE CONCUR:
HUFFMAN, J.
McINTYRE, J.
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