People v. Sanders CA4/1

California Court of Appeal Mar 24, 2015 No. D064775Unpublished

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Holding. The court affirmed the judgment, finding no reasonably arguable appellate issues after a Wende review and noting that the defendant's guilty plea and waiver of appellate rights precluded his challenges.

Issues

Whether the trial court's denial of a continuance prevented the defendant from presenting a defense.
Whether the trial court improperly modified the defendant's plea bargain regarding his sentence.
Whether the defendant's waiver of appellate rights was knowing, intelligent, and voluntary.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“A guilty plea admits every element of the offense charged and is a conclusive admission of guilt.”

“The absence of a certificate of probable cause prevents Sanders from challenging the validity of his guilty plea.”

“A review of the record pursuant to Wende and Anders, including the possible issue listed pursuant to Anders, has disclosed no reasonably arguable appellate issues.”

Filed 3/24/15 P. v. Sanders CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D064775

Plaintiff and Respondent,

v. (Super. Ct. No. SCD216604)

STEPHEN CHARLES SANDERS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert F.

O'Neill, Judge. Affirmed.

Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

In April 2013, Stephen Charles Sanders entered a negotiated guilty plea to four

counts of assault with a deadly weapon and by means of force likely to cause great bodily

injury (Pen. Code, former § 245, subd. (a)(1); counts 1 through 4; all further statutory

references are to the Penal Code). In June, Sanders entered a negotiated guilty plea in

case No. SCD235740 (Court of Appeal No. D064743); that plea bargain provided, as to

that case, the instant case and three other cases, for a stipulated 25-year sentence and

waiver of the right to appeal. In September, the court sentenced Sanders to 25 years in

People v. Sanders CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064775

STEPHEN CHARLES SANDERS,

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BACKGROUND

DISCUSSION

DISPOSITION

MCINTYRE, J.

AARON, J.

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