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The People v. George Michael Kotsala

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


December 21, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
GEORGE MICHAEL KOTSALA, DEFENDANT AND APPELLANT.

Super. Ct. No. SCS232583 APPEAL from a judgment of the Superior Court of San Diego County, Esteban Hernandez, Judge.

The opinion of the court was delivered by: O'rourke, J.

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Affirmed.

BACKGROUND AND DISCUSSION

George Michael Kotsala pleaded guilty to driving under the influence of alcohol and personally inflicting great bodily injury upon Lawshawn Ober, causing her to become comatose due to brain injury. (Veh. Code, § 23153, subd. (a); Pen. Code, § 12022.7, subd. (b).) In exchange, he was sentenced to six years four months in prison, and a victim restitution fine of $708,063.35 and other fines were imposed. Kotsala appeals. We affirm.

Kotsala pleaded guilty; therefore, he cannot challenge the facts underlying the conviction. (Pen. Code, § 1237.5; People v. Westbrook (1996) 43 Cal.App.4th 220, 223-224.)

Appointed counsel has filed a brief summarizing the facts and proceedings below. 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 a possible but not arguable issue of whether Kotsala's plea was made knowingly and voluntarily in light of his claim that his attorney in the trial court provided ineffective assistance of counsel.

We granted Kotsala permission to file a brief on his own behalf. He has not responded. Our review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issue referred to by appellate counsel and the circumstances surrounding the court's taking of the plea, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Kotsala on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR:

McCONNELL, P. J.

HALLER, J.

20101221

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