People v. Hernandez CA4/3

Filed 1/12/23 P. v. Hernandez CA4/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication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 THREE
THE PEOPLE,
Plaintiff and Respondent, G061511
v. (Super. Ct. No. 21WF3124)
ANTONIO HERNANDEZ, OPINION
Defendant and Appellant.
Appeal from an order of the Superior Court of Orange County, Kazuharu
Makino, Judge. (Retired Judge of Orange Super. Ct. assigned by the Chief Justice
pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
Heather E. Shallenberger, under appointment by the Court of Appeal, for
Defendant and Appellant.
No appearance for Plaintiff and Respondent.
* * *
Defendant Antonio Hernandez appeals from his conviction for attempted
murder and child abuse and endangerment, which was obtained via a guilty plea. We
appointed counsel to represent him. Appointed counsel filed a brief pursuant to People v.
Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting
that we review the entire record. Counsel declined to identify an issue to assist us in
conducting our independent review, pursuant to Anders v. California (1967) 386 U.S. 738(Anders). Defendant was given the opportunity to file written argument on his own
behalf, but he has not done so.
We have reviewed counsel’s brief and have examined the record in
accordance with our obligations under Wende and Anders. We find no arguable issues on
appeal and therefore affirm. (Wende, supra, 25 Cal.3d 436.)
FACTS
Defendant was charged with attempted murder and child abuse and
endangerment, along with enhancements for personal use of a deadly weapon and
infliction of great bodily injury in a domestic violence situation.
Defendant pleaded guilty pursuant to an offer by the prosecution to limit his
sentence to a maximum of five years in state prison. The trial court accepted the plea and
imposed a sentence of five years in state prison. Defendant timely appealed and sought,
but was denied, a certificate of probable cause.
DISCUSSION
We have examined the record in accordance with our obligations under
Wende and Anders, and we find no arguable issues on appeal. Defendant himself has not
filed a supplemental brief raising any issues for our review. (People v. Kelly (2006) 40
Cal.4th 106, 110, 120, 124.) There are no issues suggested by counsel for us to consider.
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DISPOSITION
The judgment is affirmed.
SANCHEZ, J.
WE CONCUR:
O’LEARY, P. J.
GOETHALS, J.
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