People v. Saminathen CA4/1

Filed 7/14/14 P. v. Saminathen 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D064785

Plaintiff and Respondent,

v. (Super. Ct. No. SCN322019)

GREGORY JOSEPH SAMINATHEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David L.

Berry, Judge. Affirmed.

Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant Gregory Joseph Saminathen was charged with a violation of Health and

Safety Code section 11377, subdivision (a), possession of a controlled substance,

methamphetamine. Thereafter, he pleaded guilty to that charge. Pursuant to the plea

agreement, imposition of sentence was suspended for three years and Saminathen was

granted three-years' drug treatment probation under Penal Code section 1210.1.

Saminathen filed a notice of appeal and requested a certificate of probable cause

asserting that his guilty plea was involuntary because his attorney misled him into