People v. Arellano CA2/4

Filed 11/15/13 P. v. Arellano CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B244943

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA094299) v.

LUIS OCTAVIO ARELLANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Clifford L. Klein, Judge. Affirmed.

Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.

In 1994, pursuant to a plea agreement, appellant Luis Octavio Arellano pleaded guilty to charges that he possessed cocaine for purposes of transportation or sale, but failed to appear at the sentencing hearing in March 1995, and was sentenced in absentia. In July 2012, he filed a petition for writ of habeas corpus, which included a motion to vacate the plea and the judgment. The trial court denied the relief he requested and imposed the March 1995 sentence. On appeal, his court-appointed counsel has filed an opening brief raising no issues. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist, and affirm.

RELEVANT PROCEDURAL AND FACTUAL BACKGROUND On August 26, 1994, an information was filed charging appellant in count 1 with conspiracy to possess cocaine for transportation or sale (Pen. Code, § 182, subd. (a)(1)), in count 2 with unlawful transportation or sale of cocaine (Health & Saf. Code, § 11352, subd. (a)), in count 3 with possession of cocaine for sale (Health & Saf. Code, § 11351), and in count 4 with possession of more than $100,000 for purposes of purchasing cocaine (Health & Saf. Code, § 11370.6, subd. (a)). Accompanying count 1 was an allegation that the offense involved more than 80 kilograms of cocaine (Health & Saf. Code, § 11370.4, subd. (a)(6)); furthermore, accompanying counts 2 and 3 were allegations that the cocaine involved in the offenses exceeded 4 kilograms (Health & Saf. Code, § 11370.4, subd. (a)(2)). Pursuant to a plea agreement, appellant pleaded guilty to the charges and admitted the special allegation. Under the agreement, appellant agreed to cooperate with narcotics investigations and received no promises regarding his