People v. Edwards CA4/1 ( 2015 )

Filed 1/6/15 P. v. Edwards 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D065855
Plaintiff and Respondent,
v. (Super. Ct. No. SCD240289)
HAROLD LEE EDWARDS, JR.,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Dwayne
K. Moring, Judge. Affirmed.
Sheila Quinlan, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Defendant Harold Lee Edwards, Jr., was charged with one count of unlawfully
possessing marijuana for sale (Health & Saf., Code § 11359) and an allegation he
suffered a prior serious or violent felony conviction (Pen. Code, §§ 667, subds. (b)-(i),
1170.12 & 668). Edwards, represented by Deputy Public Defender Haughton, entered
into a plea bargain with the prosecution pursuant to which Edwards pleaded guilty to the
charged offense; as part of the plea agreement, the prosecution agreed to request no more
than one year at sentencing, and the court indicated it would consider a 180 day lid and
alternatives to custody. Edwards agreed to those terms and pleaded guilty to the charged
offense, and the court granted the prosecution's motion to dismiss the remainder of the
allegations.
Nearly two years later, Edwards moved to withdraw his guilty plea, alleging he
never attended a court appearance with Deputy Public Defender Haughton, never signed
the change of plea form in this case, and someone else forged his signature on that form.
However, at the hearing on Edwards's motion to withdraw his guilty plea, Deputy Public
Defender Haughton appeared and identified Edwards as the person he represented at the
time of the change of plea. The trial court denied the motion and sentenced Edwards to
three years of formal probation, 180 days in custody (with credit for 632 days) and
ordered payment of various fines and fees.
Edwards subsequently filed a notice of appeal. We affirm the judgment.
FACTS
On April 9, 2012, Edwards unlawfully possessed marijuana for sale.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the proceedings below.
Counsel presents no argument for reversal, but asks this court to review the record for
error as mandated by People v. Wende (1979) 25 Cal. 3d 436 and Anders v. California
(1967) 386 U.S. 738. Counsel has identified as possible, but not arguable, issues:
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whether the trial court abused its discretion by denying Edwards's motion to withdraw his
guilty plea, and whether there was error in imposing various fines and fees at sentencing.
We granted Edwards permission to file a supplemental brief on his own behalf, but
he has not responded. A review of the record pursuant to People v. Wende, supra, 25
Cal. 3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably
arguable appellate issues. Edwards has been competently represented by counsel on this
appeal.
DISPOSITION
The order is affirmed.
McDONALD, J.
WE CONCUR:
NARES, Acting P. J.
McINTYRE, J.
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