People v. Heirendt CA4/3

Filed 12/19/13 P. v. Heirendt CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048439

v. (Super. Ct. No. 13NF0595)

MICHAEL VICTOR HEIRENDT, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Appeal dismissed. Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Michael Victor Heirendt pled guilty to possession of a controlled substance (Health & Saf. Code, § 11350) pursuant to a negotiated disposition. As agreed in the guilty plea form, he was placed on three years formal probation with credit for time served of 62 days. He was also ordered to pay a $280 restitution fine (Pen. Code, § 1202.4, subd. (b)(1)), and a $280 probation revocation restitution fine (Pen. Code, § 1202.44) which was stayed pending successful completion of probation. Heirendt filed two timely notices of appeal and an amended notice of appeal, and he sought but did not obtain a certificate of probable cause as required by Penal Code section 1237.5. After Heirendt appealed we appointed counsel to represent him. Counsel filed a brief which set forth the facts and the disposition of the case. He did not argue against Heirendt, but advised he had not found any issues to argue on Heirendt’s behalf. (People v. Wende (1979) 25 Cal.3d 436.) He suggested two issues to assist us in our independent review of the record, as set out below. Heirendt was given 30 days to file written argument in his own behalf. That period has passed and we have received no communication from him. We have examined the entire record to determine if any arguable issues are present, including those suggested by counsel and found none. (Id. at pp. 441-442; People v. Johnson (1981) 123 Cal.App.3d 106, 111-112.) FACTS Paragraph 29 of the guilty plea form signed by Heirendt states: “In Orange County, California, on February 15, 2013 I knowingly and unlawfully possessed a useable amount of hydrocodone pills without a prescription.” Paragraph 15 of the guilty plea form states: “I understand I have the right to appeal from decisions and orders of the Superior Court. I waive and give up my right to appeal from any and all decisions and orders . . . . I waive and give up my right to appeal from my guilty plea. I waive and give up my right to appeal from any legally authorized sentence the court imposes which is within the terms and limits of this plea agreement.”