People v. Romero CA4/3

Filed 2/10/15 P. v. Romero 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G049884

v. (Super. Ct. No. 10CF2917)

ALEJANDRO ROMERO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard F. Toohey, Judge. Affirmed. Alejandro Romero, in pro. per.; and Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Alejandro Romero pled guilty to one count of first degree murder, and was sentenced to 25 years to life. Defendant’s request for a certificate of probable cause was denied. We appointed counsel to represent defendant on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), setting forth the facts of the case, raising no issues, and requesting that we independently review the entire record. We provided defendant 30 days to file written argument on his own behalf; he did so. We have examined the entire record, appointed appellate counsel’s Wende/Anders brief, and defendant’s supplemental brief; we find no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

BACKGROUND Defendant and a codefendant were charged in an information with one count of first degree murder. (Pen. Code, § 187, subd. (a).) The information alleged the murder occurred during the commission or attempted commission of robbery, kidnapping, and burglary (id., § 190.2, subd. (a)(17)(A), (B) & (G)), and that defendant and the codefendant personally and intentionally discharged firearms during the commission of the crimes, causing great bodily injury or death (id., § 12022.53, subd. (d)). The People sought to use the codefendant’s statement against defendant at trial, and therefore moved to sever their trials. The motion was granted, and the codefendant was found guilty. After defendant’s trial began, he pled guilty to first degree murder, pursuant to a negotiated plea agreement. All sentencing enhancement allegations were dismissed as part of the plea agreement. As a factual basis for the plea, the trial court accepted the following statement from defendant: “In Orange County, California, on June 5, 2000 I