P. v. Felix
On November 6, 1998, appellant, Alberto Zepeda Felix, drove a truck from which his brother fired several shots from a handgun at a vehicle with three occupants. On June 8, 1999, Felix pled no contest to discharging a firearm at an occupied vehicle (Pen. Code, 246). On August 2, 1999, the court placed Felix on three years probation on condition that he serve 240 days local time. In November 2008, while serving a federal prison sentence, Felix was told by the Bureau of Prison officials that he could not participate in a residential drug abuse program because he had a prior conviction for assault with a deadly weapon.
On February 9, 2009, Felix filed a petition for a writ of coram nobis in the trial court requesting the court to reverse his assault conviction because when he entered his plea to that offense Felix believed he pled only to aiding and abetting (Pen. Code, 32) the assault and not to assault with a deadly weapon. On March 13, 2009, the trial court denied Felixs petition. Felixs appointed appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) However, in a document filed on October 1, 2009, Felix contends the court erred in denying his petition for a writ of coram nobis. Felix is wrong.
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