People v. Wofford CA4/1 ( 2016 )

Filed 4/28/16 P. v. Wofford CA4/1
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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, D068736
Plaintiff and Respondent,
v. (Super. Ct. No. SCD260540)
ADONIS L. WOFFORD,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Michael S.
Groch, Judge. Affirmed.
Patrick Dudley, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
As part of a plea agreement, Adonis L. Wofford entered a guilty plea to one count
of driving under the influence causing injury (Veh. Code, § 23153), and admitted one
strike prior conviction (Pen. Code, §§ 667, subds. (b)-(i)), 1170.12); a prior driving under
the influence conviction within 10 years (Veh. Code, § 23560); and personally inflicting
great bodily injury (Pen. Code, § 12022.7, subd. (a)).1 The plea agreement included a
stipulated prison sentence of five years eight months. The remaining count and
enhancements were dismissed.
STATEMENT OF FACTS AND PROCEDURE2
On June 5, 2014, defendant was driving erratically southbound on Hal Street in
San Diego County. He crossed into the northbound lane and collided head on with a car
driven by Salvador Torres. The impact caused Torres's vehicle to collide with another
car. Defendant then collided with a parked car. A child passenger in the Torres vehicle
suffered a deep laceration to his ear, tearing it nearly in half, and requiring several
stitches to repair it.
At the sentencing hearing following defendant's guilty plea, his counsel informed
the court appellant wanted to withdraw his guilty plea as he was dissatisfied with
counsel's representation. The court conducted a Marsden3 hearing. After questioning
both defendant and his counsel, the court made a finding counsel's representation was
"exemplary" and that appellant had failed to show his constitutional rights to effective
assistance of counsel had been substantially impaired. Having made this finding and
applying People v. Smith (1993) 6 Cal 4th 684, the court denied defendant's request for
substitute counsel.
1 All subsequent statutory references are to the Penal Code.
2 Because there was no preliminary hearing the facts are derived from the probation
report.
3 People v. Marsden (1970) 2 Cal.3d 18.
2
Following denial of the Marsden motion, the court found no legal cause to
postpone sentencing and imposed the stipulated sentence. The court later denied
defendant's request for a certificate of probable cause.
DISCUSSION4
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 he is unable
to identify any argument for reversal but asks this court to review the record for error as
mandated by Wende, supra, 25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, the
brief identifies possible, but not arguable issues whether (1) the trial court abused its
discretion or improperly denied the Marsden motion; (2) whether the trial court erred
when it decided not to allow defendant to move to withdraw his guilty plea; and (3)
whether defendant's guilty plea was entered knowingly, voluntarily and intelligently. We
offered Wofford the opportunity to file his own brief on appeal, but he has failed to
respond.
We have reviewed the entire record in accordance with Wende, supra, 25
Cal.3d 436 and Anders, supra, 386 U.S. 738 and have not found any reasonably arguable
appellate issues. Competent counsel has represented Wofford on appeal.
4 Because the court denied appellant's request for a certificate of probable cause,
appellant is precluded from challenging the validity of the plea or the facts underlying the
charges. (§ 1237.5; People v. Manriquez (1993) 18 Cal.App.4th 1167, 1170.)
3
DISPOSITION
The judgment is affirmed.
HALLER, Acting P. J.
WE CONCUR:
MCDONALD, J.
IRION, J.
4