P. v. Keller CA4/1

California Court of Appeal Jul 1, 2013 No. D063198Unpublished

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Holding. The court affirmed the judgment because the defendant failed to obtain a certificate of probable cause to challenge her guilty plea, failed to file a motion to suppress in the trial court, and the record revealed no reasonably arguable appellate issues.

Issues

Whether the defendant's guilty plea was constitutionally valid.
Whether the defendant may challenge the validity of her guilty plea without a certificate of probable cause.
Whether the defendant may challenge the search of her person and vehicle on appeal.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Because Keller did not obtain a certificate of probable cause, she cannot challenge the validity of her 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Filed 7/1/13 P. v. Keller CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D063198

Plaintiff and Respondent,

v. (Super. Ct. No. SCD242318)

ROBYN KELLER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Laura W.

Halgren, Judge. Affirmed.

Appellate Defenders, Inc. and Patrick E. DuNah, for Defendant and Appellant

No appearance by Plaintiff and Respondent.

Robyn Keller entered a negotiated guilty plea to possessing methamphetamine

(Health & Saf. Code, § 11377, subd. (a)) (count 1) and reckless driving (Veh. Code,

§ 23103, 23103.5) as a lesser included offense of driving under the influence (Veh. Code,

§ 23152) (count 2). The court placed her on three years of summary probation. Keller

appeals. We affirm.

BACKGROUND

Keller possessed a usable amount of methamphetamine and drove recklessly with

an "intox[icating] substance involved."

P. v. Keller CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063198

ROBYN KELLER,

BACKGROUND

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DISPOSITION

AARON, J.

O'ROURKE, J.

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