People v. Trujillo CA4/1 ( 2014 )

Filed 1/24/14 P. v. Trujillo CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D063961
Plaintiff and Respondent,
v. (Super. Ct. No. SCS259700)
GUILLERMO TRUJILLO,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Theodore
M. Weathers, Judge. Affirmed.
Robert Booher, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Guillermo Trujillo was charged by information with robbery (Pen. Code, § 211),1
assault with a deadly weapon (§ 245, subd. (a)(1)) with an allegation he personally used a
dangerous or deadly weapon (§ 1192.7, subd. (c)(23)), and assault by means likely to
1 Statutory references are to the Penal Code.
cause great bodily injury (§ 245, subd. (a)(4)). The information charged gang
enhancements as to all counts (§ 186.22, subd. (b)(1)), and alleged a prison prior
(§§ 667.5, subd. (b), 668), and a strike prior (§§ 667, subds. (b)-(i), 1170.12, 668). The
parties entered into a plea bargain; Trujillo pleaded guilty to robbery and admitted the
gang enhancement allegation in return for a stipulated term of 16 years. Thereafter, he
was sentenced in accordance with the plea agreement. Trujillo subsequently filed a
notice of appeal challenging the validity of the plea, alleging he was not given all of the
discovery he requested, but the court denied his request for a certificate of probable
cause.
Trujillo appeals. We affirm the judgment.
FACTS
Trujillo took the personal property of another with force or fear, and did so for the
benefit of a criminal street gang.
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 identifies as a possible, but not arguable, issue: whether
Trujillo's plea was constitutionally valid.
We granted Trujillo 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
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arguable appellate issues. Trujillo has been competently represented by counsel on this
appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, J.
WE CONCUR:
HALLER, Acting P. J.
McINTYRE, J.
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