People v. Schaffer CA4/2 ( 2016 )

Filed 5/6/16 P. v. Schaffer CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 TWO
THE PEOPLE,
Plaintiff and Respondent, E064200
v. (Super.Ct.No. FSB1501129)
ANDRAS PETER SCHAFFER, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Richard V. Peel,
Judge. Affirmed.
Andras Peter Schaffer, in pro. per.; and Kyle D. Smith, under appointment by the
Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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FACTUAL AND PROCEDURAL HISTORY
On April 3, 2015, a felony complaint charged defendant and appellant Andras
Peter Schaffer with two counts of failing to register as a sex offender in violation of Penal
Code section 290, subdivision (b). The complaint also alleged that defendant had
suffered one prior serious or violent conviction for burglary (Pen. Code, § 459), in
violation of Penal Code sections 1170.12, subdivisions (a) through (d), and 667,
subdivisions (b) through (i).
On June 29, 2015, defendant pled guilty to the first count of failing to register as a
sex offender in exchange for the dismissal of all remaining allegations. Pursuant to the
terms of the plea agreement, the trial court sentenced defendant to serve three years in
state prison and dismissed all remaining counts and allegations.
On July 27, 2015, defendant filed a timely notice of appeal. The notice of appeal
included a request for a certificate of probable cause and an accompanying letter. On
August 3, 2015, the trial court denied the request for a certificate of probable cause.
DISCUSSION
After defendant appealed, and upon his request, this court appointed counsel to
represent him. Counsel has filed a brief under the authority of People v. Wende (1979)
25 Cal. 3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of
the case, a summary of the facts, and potential arguable issues, and requesting this court
to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, and he
has done so. On April 25, 2016, defendant filed a two-page handwritten brief with an
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attached copy of Penal Code section 288.2. In his brief, defendant asks us “to review
[his] 2000 conviction that has led up to [his] mandatory registration requirement in
todays [sic] [a]ppeal on [his] failure to register charge.” Defendant argues that his 2000
conviction should have been for a misdemeanor but was illegally charged as a felony.
Defendant stated: “Upon review I ask that the court correct the [2000] legal charge to a
misdomeanor wich would elliviate my registration requirement.” (Sic.)
The issue raised in defendant’s notice of appeal concerns the determination of
guilt or innocence or is not reviewable under Penal Code section 1237.5. As set forth
above, defendant requested a certificate of probable cause to appeal, but his request was
denied by the trial court. “[W]here, as here, a certificate of probable cause has been
denied, the appeal is not operative and the denial of the certificate must be reviewed by
writ of mandate.” (People v. Castelan (1995) 32 Cal. App. 4th 1185, 1188.) Here,
defendant did not challenge the denial by way of writ of mandate, so he is precluded from
obtaining review on the merits of issues challenging the legality of the proceedings
and/or the validity of his plea. (See People v. Mendez (1999) 19 Cal. 4th 1084, 1096-
1097.) Moreover, because the crux of defendant’s issue concerns his 2000 conviction, it
is untimely.
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Pursuant to the mandate of People v. Kelly (2006) 40 Cal. 4th 106, we have
conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
Acting P. J.
We concur:
CODRINGTON
J.
SLOUGH
J.
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