P. v. Gomez
Filed 6/18/08 P. v. Gomez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RICHARD DEAN GOMEZ, Defendant and Appellant. | D051657 (Super. Ct. No. SCD202832) |
APPEAL from a judgment of the Superior Court of San Diego County, Robert F. O'Neill, Judge. Affirmed.
Richard Dean Gomez entered negotiated guilty pleas to kidnapping (Pen. Code, 207, subd. (a); further statutory references are to the Penal Code) and dissuading a witness ( 136.1, subd. (c)(3)). Gomez further admitted he had two prior serious felony convictions ( 667, subd. (a)(1)) and one prior serious/violent felony or strike conviction ( 667, subds. (b)-(i)). Under the plea bargain, the prosecution dismissed five felony counts, including two counts of corporal injury to a spouse, making a criminal threat and attempted robbery. The parties stipulated to a 22-year prison term.
The trial court denied Gomez's motion to withdraw his guilty plea and sentenced him to 22 years in prison in accordance with the plea bargain.
Gomez did not obtain a certificate of probable cause.
FACTS
On November 11, 2006, Gomez struck his former girlfriend, Cynthia Santillan, with the back of his right hand in a Big Lots parking lot. When she started to walk away, Gomez grabbed her with his left hand in a headlock and dragged her back to a vehicle. Gomez placed her in the passenger side of the vehicle and walked to the driver's side. She then opened the passenger door, and he walked over. When he got there, Santillan shut the door. This pattern was repeated four or five times until Santillan locked the driver's door. Gomez took the keys out of his pocket and opened the door and entered the vehicle. Before driving away, Gomez hit Santillan several times in the head and upper body.
Gomez drove Santillan to a house in Lemon Grove and told her to go inside. During the ride, Gomez told Santillan: "This is it for you. This is it for you."
Irma Morales, a coworker of Santillan, observed the altercation between Gomez and Santillan in the parking lot. Gomez told Morales: "Go ahead, go ahead and call the cops." Morales said, "[I]t made it seem he was going to threaten me that he was going to come back if I called the cops."
On February 23, 2007, the court heard Gomez's Marsden (People v. Marsden (1970) 2 Cal.3d 118 motion and denied it. Later that day, Gomez agreed to accept the prosecution's offer of a stipulated 22-year prison term and pleaded guilty to kidnapping and dissuading a witness.
On April 30 Gomez wrote a letter to the trial court, requesting substitution of counsel.
On June 1 Gomez made an oral motion to withdraw his guilty pleas, and the court appointed new counsel to represent him on the motion. On August 6 the motion to withdraw the guilty pleas was filed.
On September 7 the court denied Gomez's motion to withdraw his guilty pleas. The court sentenced Gomez pursuant to the plea agreement to a 22-year prison termthe middle term of five years for kidnapping doubled to 10 years under the "Three Strikes" law, and one-third the middle term of three years or one year doubled to two years under the Three Strikes law, plus two five-year enhancements for the prior serious felony convictions.
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 Gomez was sentenced in accordance with the plea bargain; (2) whether the trial court abused its discretion by denying Gomez's Marsden motion; (3) whether the trial court abused its discretion by denying Gomez's motion to withdraw his guilty pleas; and (4) whether Gomez received ineffective assistance of counsel as a result of counsel's failure to request a certificate of probable cause.
We granted Gomez 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 Gomez on this appeal.
DISPOSITION
The judgment is affirmed.
McINTYRE, J.
WE CONCUR:
BENKE, Acting P. J.
HALLER, J.
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