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The People v. Devin Wilder

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA


December 16, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DEVIN WILDER, DEFENDANT AND APPELLANT.

Super. Ct. No. SCD224684) APPEAL from a judgment of the Superior Court of San Diego County, Jeffrey F. Fraser and Kathleen M. Lewis, Judges. Affirmed.

The opinion of the court was delivered by: Nares, Acting P. J.

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

INTRODUCTION

A. Guilty Plea

On February 19, 2010, after the court advised him of his constitutional rights, defendant Devin Wilder pleaded guilty to one count of robbery (Pen. Code,*fn1 § 211) and admitted an allegation that he personally used a deadly and dangerous weapon (a knife) in the commission of that felony offense (§ 12022, subd. (b)(1)). On his change of plea form, Wilder indicated there was no agreement with the district attorney.

B. Sentencing

Defense counsel filed a sentencing statement in mitigation on Wilder's behalf, requesting that Wilder be granted probation and arguing that a forensic psychologist who evaluated Wilder "concluded that this offense was greatly influenced by [Wilder's] heroin dependence."

On March 22, 2010, Wilder appeared at the sentencing hearing with his counsel. After considering the statement in mitigation, a letter that Wilder submitted, the probation officer's report, Wilder's in-court statement, the testimony of witnesses who appeared on Wilder's behalf, and the prosecutor's argument, the court sentenced Wilder to the lower term of two years in state prison, plus a consecutive one-year term for the use of the knife, for a total determinate prison term of three years, with 102 days of credit for the days he had been in custody, plus the imposition of various fines.

This appeal followed.

FACTUAL BACKGROUND

At the change of plea hearing, Wilder admitted as the factual basis for his guilty plea that he knowingly took personal property of another with the use of force or fear, and used a deadly weapon (a knife) to commit the robbery.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the proceedings below. Counsel presents no argument for reversal, but asks this court to 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 the following as possible, but not arguable, issues: (1) Was Wilder "properly advised of the consequences of pleading guilty and of his constitutional rights, and did he waive his rights before pleading guilty?"; (2) is Wilder's guilty plea "constitutionally valid?"; and (3) did the court "abuse its discretion in sentencing [Wilder] to three years in prison?"

We granted Wilder 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 raised by appellate counsel, has disclosed no reasonably arguable appellate issue. Wilder has been adequately represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McDONALD, J. McINTYRE, J.


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