P. v. Ruvalcaba









Filed 11/17/10 P. v. Ruvalcaba CA4/2





NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. JOSE DEJESUS RUVALCABA, Defendant and Appellant.

E051174 (Super.Ct.No. RIF096624) OPINION

APPEAL from the Superior Court of Riverside County. Edward D. Webster, Judge. Affirmed.
Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
I
INTRODUCTION
On June 14, 2010, defendant and appellant Jose DeJesus Ruvalcaba filed a motion to vacate and expunge his convictions under the Federal Rules of Civil Procedure and numerous decisions of the United States Supreme Court. The trial court, treating this motion as a motion to set aside the judgment and dismiss charges under Penal Code section 1203.4, denied the motion.
Thereafter, defendant filed a timely notice of appeal from the denial of his motion.
II^[1]
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, and he has done so. In his 11-page supplemental brief, defendant cites to various cases from the United States Supreme Court. Defendant states that his constitutional rights under the Sixth Amendment of â€