>P. v. Webb

 

 

 

 

 

 

 

 

 

 

Filed 7/3/13  P. v. Webb
CA2/6

 

 

 

 

 

 

 

NOT TO BE PUBLISHED
IN THE 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opinion has not been certified for publication or ordered published for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

 

SECOND APPELLATE DISTRICT

 

DIVISION SIX

 

 
>

THE PEOPLE,       Plaintiff and Respondent,   v.   DONALD ANGE WEBB,       Defendant and Appellant.

2d Crim. No. B244619 (Super. Ct. No. 2011002379) (Ventura County)

 

                        On
April 3, 2012, Donald Ange
Webb pled guilty to one count of first
degree residential burglary.  (Pen.
Code, § 459.)href="#_ftn1" name="_ftnref1"
title="">[1]

                        On
June 25, 2012, the trial
court granted Webb's motion pursuant to People
v. Marsden (1970) 2 Cal.3d 118, for the purpose of appointing new counsel
to review the validity of his plea.

                        Webb,
through his new counsel, filed a written motion
to withdraw his plea.  Webb's motion
alleged:  He pled guilty to receiving
stolen property in Fresno County.  While in custody on that charge, he learned
that Ventura County
was investigating him for a burglary.  A
detective obtained a DNA sample from Webb pursuant to a warrant.  The property he acquired during the burglary
was the same property he pled guilty for receiving.  Webb sent a written notice pursuant to
section 1381 to the Ventura County District Attorney's office requesting that
the matter be brought to trial.  Because
there was no pending case in Ventura County
at the time, the district attorney did not respond.  The instant case was filed in Ventura
County while Webb was out on
parole.  Webb claimed his section 1381
rights were frustrated, and that the case should have been dismissed under >Kellett v. Superior Court (1966) 63
Cal.2d 822, 828.

                        Webb
attached a letter to the motion alleging he received ineffective assistance of
counsel in that he was not advised his plea of guilty to violating section 459
would constitute a strike and that his counsel failed to challenge the DNA
warrant.

                        The
trial court denied Webb's motion to withdraw his plea.  The court sentenced Webb to the low term of
two years.  With the application of
presentence credit the sentence was deemed served.

                        Webb
obtained a certificate of probable cause
and appeals the denial of his motion.

                        We
appointed counsel to represent Webb
in this appeal.  After counsel's
examination of the record, she filed an opening brief raising no issues.  (People
v. Wende (1979) 25 Cal.3d 436, 442.)

                        Webb
filed a letter in propria persona requesting that we review the transcript of
the Marsden motion.

                        We
have reviewed the entire record and are satisfied Webb's attorney has fully
complied with her responsibilities and that no href="http://www.fearnotlaw.com/">arguable issues exist.

                        The judgment is
affirmed.

                        NOT
TO BE PUBLISHED.

 

 

 

 

                                                                        GILBERT,
P. J.

 

 

We concur:

 

 

 

                        YEGAN,
J.

 

 

 

                        PERREN,
J.

 

Nancy L. Ayers,
Judge

 

Superior
Court County
of Ventura

 

______________________________

 

 

                        Arielle
Bases, under appointment by the Court of Appeal, for Defendant and Appellant.

                        No
appearance for Plaintiff and Respondent.