California, United States of America
The following excerpt is from People v. Lucas, B281270 (Cal. App. 2017):
After examining the record, appointed appellate counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record. (See People v. Wende (1979) 25 Cal.3d 436.) By notice sent on June 7, 2017, the clerk advised defendant to submit within 30 days any contentions, grounds of appeal, or arguments he wished this court to consider. Defendant did not file a supplemental brief.
Our review of the record shows that defendant received the benefit of his plea bargain, and we find no evidence that his plea was unintelligent or involuntary, or that he reserved any issues for appeal. Further, defendant's application for a certificate of probable cause did not allege any postplea error, and we find no "reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings" within the meaning of section 1237.5, subdivision (a), which are prerequisites for appellate review. ( 1237.5, subd. (a).) Rather, we conclude that defendant's appeal goes to the validity of the plea, and as the trial court denied defendant's application, the appeal must be dismissed. (See 1237.5; Cal. Rules of Court, rule 8.304(b); People v. Mendez (1999) 19 Cal.4th 1084, 1095.)
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The appeal is dismissed.
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