People v. Madrid CA4/1

California Court of Appeal Oct 31, 2013 No. D063851Unpublished

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Holding. The court affirmed the judgment, finding no reasonably arguable appellate issues after an independent review of the record and concluding that claims of ineffective assistance of counsel based on matters outside the record must be raised via habeas corpus.

Issues

Did the trial court err in denying the motion to withdraw the guilty plea?
Did the trial court err in denying the motion to strike a prior strike conviction?
Are claims of ineffective assistance of counsel based on matters outside the record cognizable on direct appeal?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Claims of ineffective assistance of trial counsel, based on matters outside the record, must be raised by way of a petition for writ of habeas corpus and not by direct appeal.”

“We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738, and have not found any reasonably arguable appellate issues.”

Filed 10/31/13 P. v. Madrid CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063851

Plaintiff and Respondent,

v. (Super. Ct. No. SCD241723)

MARIO RICHARD MADRID,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Peter C.

Deddeh, Judge. Affirmed.

Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Mario Richard Madrid was charged with a number of crimes which were alleged

to have been committed while he was in jail. In October 2012, Madrid entered guilty

pleas to two counts of vandalism under $400 (Pen. Code,1 § 594, subd. (a)(b)(2)(A)). He

1 All further statutory references are to the Penal Code unless otherwise specified.

admitted that each offense was committed for the benefit of a criminal street gang

(§ 186.22, subd. (d)), thus elevating the offenses to felonies. Madrid also admitted three

prison priors (§ 667.5, subd. (b)) and one strike prior (§ 667, subds. (b)-(i)). The pleas

People v. Madrid CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063851

MARIO RICHARD MADRID,

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DISPOSITION

HUFFMAN, J.

AARON, J.

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