P. v. >Anderson>

 

 

 

 

 

 

 

 

Filed 7/23/13  P. v. Anderson CA2/7

> 

> 

> 

> 

> 

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NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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

 

 
>

THE PEOPLE,               Plaintiff and Respondent,               v.   RICHARD WADE ANDERSON,               Defendant and Appellant.

B245908         (Los Angeles County       Super. Ct. Nos. PA068384 &        PA068979)

 

 

            APPEAL from a judgment of the Superior Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Los Angeles
County, Harvey Giss, Judge. 
Affirmed.

            Richard Wade Anderson, in pro. per.,
and Cindy Brines, under appointment by the Court of Appeal, for Defendant and
Appellant.

            No appearance for Plaintiff and
Respondent.

___________________________________

 

 

            In August 2010 Richard Wade Anderson assaulted George
Noonan, who later died.href="#_ftn1"
name="_ftnref1" title="">[1]  Anderson
was charged in a two-count amended information on September 8, 2011 with assault by means of force
likely to produce great bodily injury
(Pen. Code, § 245, subd. (a)(1))href="#_ftn2" name="_ftnref2" title="">[2] and willful,
deliberate and premeditated murder (§ 187, subd. (a)).href="#_ftn3" name="_ftnref3" title="">[3]  The information specially alleged as to both
counts Anderson had
suffered three serious or violent felony conviction within the meaning of the
three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d))
and had served two separate prison terms for felonies (§ 667.5, subd. (b))
(Super. Ct. L.A. case No. PA068384).href="#_ftn4" name="_ftnref4" title="">[4]

In a separate superior court case
Anderson was charged in a two-count amended information on October 4, 2011 with
failing to register (§ 290, subd. (b)) and perjury (§ 118, subd. (a))
after he falsely stated his place of residence on his sex offender registration
form in June 2010.  As to both counts the
information specially alleged Anderson had served
three separate prison terms for felonies (§ 667.5, subd. (b)) (case
No. PA068979).href="#_ftn5"
name="_ftnref5" title="">[5]

At his arraignment on each case Anderson appeared
with appointed counsel and entered a plea of not guilty to the charges and
denied the special allegations.  Anderson later made
three motions to have his appointed counsel relieved on both cases (>People v. Marsden (1970) 2 Cal.3d
118), which the trial court heard and denied. 
The court also denied Anderson’s requests
to represent himself (Faretta
v.California (1975) 422 U.S 806 [95 S.Ct. 2525, 45 L.Ed.2d 562]).

In case No. PA068384 the trial
court granted Anderson’s motion
for discovery of police personnel records (Evid. Code, §§ 1043, 1045; >Pitchess v. Superior Court (1974) 11 Cal.3d 531), reviewed the records in an in camera hearing and found discoverable
information, which was provided to Anderson.  Thereafter, the People filed a second
amended information charging Anderson
with a third count, voluntary manslaughter (§ 192, subd. (a)).  The matter was trailed for jury trial and
arraignment on the second amended information. 
On the morning trial was set to commence, the People filed a third
amended information, adding two five-year serious felony allegations under
section 667, subdivision (a)(1).

Following his arraignment on the
third-amended information in case No. PA068384 on October 17, 2012, Anderson
pleaded no contest, orally and in writing, to voluntary manslaughter.  As part of the negotiated agreement Anderson
was to be sentenced to the middle term of six years in href="http://www.fearnotlaw.com/">state prison and the remaining counts and
special allegations were to be dismissed.  At the time he entered his plea Anderson, who was represented by appointed counsel,
was advised of his constitutional rights and the nature and consequences of the
negotiated agreement.  The trial court found a factual basis for the
plea and expressly found Anderson’s waivers and plea were voluntary, knowing
and intelligent. 

In a second negotiated agreement the same day, this
time in case No. PA068979, Anderson pleaded no contest, orally and in writing, to
having failed to register as charged in count 1.  As part of the negotiated agreement Anderson
was to be sentenced to a term of eight months, consecutive to the six-year term
to be imposed in case No. PA068384. 
In return, the remaining count and special allegations were to be
dismissed.  The
cases were consolidated for sentencing, and the court ordered Anderson to
return to court for sentencing on November 1, 2012.

On November 1, 2012 Anderson was
sentenced in accordance with the negotiated agreements to an aggregate state prison
term of six years eight months, consisting of the middle term of six years for
voluntary manslaughter in case No. PA068384, plus eight months (one-third the middle
two-year term) for failing to register in case No. PA068979.  The court ordered Anderson to pay
a $40 court security assessment, a $30 criminal conviction assessment, $129 in
attorney fees and a $240 restitution fine. 
The court imposed and stayed a parole revocation fine pursuant to
section 1202.45.  Anderson
was awarded a total of 931 days of presentence credit (810 actual days and
121 days of conduct credit).  The
remaining counts and special allegations were dismissed pursuant to the plea
agreement.

Anderson filed a timely href="http://www.fearnotlaw.com/">notice of appeal.  He checked only the preprinted box indicating
the “appeal is based on the sentence or other matters occurring after the plea
that do not affect the validity of the plea.” 
There is no certificate of probable cause in the record on appeal.

We appointed counsel to represent
Anderson on appeal.  After an examination
of the record, counsel filed an opening
brief in which no issues were raised. 
On May 3, 2013 we advised Anderson he had 30 days in which to
personally submit any contentions or issues he wished us to consider.  On May 20, 2013 Anderson filed a hand-printed
supplemental brief in which he asserted there was evidence the victim, George
Noonan, had died as a result of having been struck by a truck and suffering
from cirrhosis of the liver.

A criminal defendant who appeals
following a plea of no contest or guilty without a certificate of probable
cause can only challenge the denial of a motion to suppress evidence or raise
grounds arising after the entry of the plea that do not affect the plea’'s
validity.  (Cal. Rules of Court, rule
8.304(b)(1).)  To the extent Anderson is
challenging the validity of his plea and his sentence imposed as part of his
plea, his appeal is inoperative.  To the
extent Anderson is suggesting the existence of previously undiscovered evidence
or ineffective assistance of counsel, his claim of error cannot be addressed in the context
of this appeal because it relies on matters outside the appellate record.  If cognizable at all, Anderson’s claim must
be pursued by a different, appropriate procedure. 

With respect to other potential
sentencing or post-plea issues that do not in substance challenge the validity
of the plea itself, we have examined the record and are satisfied Anderson’s attorney
has fully complied with the responsibilities of counsel and no arguable issue
exists.  (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120
S.Ct. 746, 145 L.Ed.2d 756]; People v.
Kelly (2006) 40 Cal.4th 106, 112-113; People
v. Wende (1979) 25 Cal.3d 436, 441.) 


The judgment is affirmed.

 

 

                                                                        PERLUSS,
P. J.

 

 

 

            We
concur:

 

 

 

                        WOODS,
J.

 

 

 

 

                        ZELON,
J.