People v. Fierro CA4/1 ( 2015 )

Filed 1/27/15 P. v. Fierro 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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, D066233
Plaintiff and Respondent,
v. (Super. Ct. No. JCF32625)
EDWARD CORTEZ FIERRO,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of Imperial County, L. Brooks
Anderholt, Judge. Affirmed as modified.
Leslie A. Rose, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance by Plaintiff and Respondent.
Edward Cortez Fierro entered into a plea agreement, under the terms of which he
pleaded guilty to one count of second degree murder (Pen. Code,1 § 187) and admitted
one strike prior (§ 667, subds. (b)-(i)). Pursuant to the agreement, Fierro was sentenced
1 All further statutory references are to the Penal Code unless otherwise specified.
to an indeterminate term of 30 years to life, consecutive to a seven-year term for a
separate case. Among other terms the trial court awarded Fierro 67 days of custody
credits.2
Fierro filed a notice of appeal. He requested a certificate of probable cause but the
court denied his request. Fierro filed a separate notice of appeal on June 27, 2014 and did
not request a certificate of probable cause.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25
Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) indicating
she has been unable to identify any reasonably arguable issues for reversal on appeal.
Counsel requests this court to review the record for error as mandated by Wende. We
offered Fierro the opportunity to file his own brief on appeal but he has not responded.
STATEMENT OF FACTS
Since this is an appeal from a judgment following a guilty plea, and there is no
certificate of probable cause (§ 1237.5), it is sufficient to note that Fierro confessed to the
killing of the victim in this case. He also told authorities where the murder weapon was
located.
2 The sentencing transcript shows the court awarded Fierro 67 days of credit. The
abstract of judgment only reflects 64 days of custody credits. We will order the abstract
of judgment be amended to reflect the proper number of days.
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DISCUSSION
As we have noted counsel has indicated she is unable to identify any reasonably
arguable issues for reversal on appeal. Counsel has, however, identified possible, but not
arguable issues to assist the court in our review of the record. The possible issues are:
1. Whether the waiver of appellate rights as part of the plea bargain was valid?
2. Whether the court abused its discretion in denying a certificate of probable
cause?
3. Was the guilty plea constitutionally valid?
4. Was there an adequate factual basis for the guilty plea?
5. Were the custody credits properly calculated?
6. Did Fierro receive effective assistance of counsel?
We have reviewed the entire record consistent with the mandate of Wende, supra,
25 Cal.3d 436, and Anders, supra, 386 U.S. 738. We have not identified any reasonably
arguable issues for reversal on appeal. We have noted, as pointed out by appellate
counsel, that the abstract of judgment does not accurately reflect the credits as actually
awarded by the court. We will order the abstract of judgment modified to award an
additional three days of credits. Fierro has been represented by competent counsel on
this appeal.
DISPOSITION
The judgment is modified to award Fierro three additional days of custody credits
for a total of 67 days. The superior court is directed to modify the abstract of judgment
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accordingly and to forward an amended abstract to the Department of Corrections and
Rehabilitation. In all other respects the judgment is affirmed.
HUFFMAN, J.
WE CONCUR:
BENKE, Acting P. J.
HALLER, J.
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