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THE PEOPLE, Plaintiff and Respondent, v. PRESMILEY ASUNCION, Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
On February 26, 2009, Presmiley Asuncion was arrested for trying to buy a large quantity of ecstasy pills from Redondo Beach police officers conducting an undercover sting operation. According to one of the police officers, Asuncion gave him $1,000 in cash in exchange for 500 pills. When the police searched Asuncion, they found three ecstasy pills that he already had with him, as well as another $2,400 or so in cash. Asuncion was charged with one count of possessing ecstasy for sale (Health & Saf.Code, § 11378), and one count of attempting to transport that drug. (Health & Saf.Code, § 11379, subd. (a).) He pleaded guilty to the drug possession count as part of a plea bargain where the transportation count was dismissed, and he was sentenced to 270 days in county jail and three years probation.1
At the plea hearing, all the proper advisements were given, and the proper waivers were taken. As part of that, the trial court told Asuncion about the county jail term and asked if that was his understanding of the plea agreement. Asuncion answered yes. Asked if he needed time to talk to his lawyer, Asuncion answered no. Asked whether anyone promised him anything outside of what he had just been told, or whether anyone had threatened him in any way, Asuncion answered no. He then said he was pleading freely and voluntarily because that was his wish. Asuncion remained free until a later hearing, where he was to surrender himself.
At that later hearing, Asuncion fired his privately-retained lawyer and asked to withdraw his guilty plea. The motion, prepared by new counsel, was supported by Asuncion's declaration claiming that his first lawyer promised him he would serve no jail time, but pressured him into accepting the deal anyway right before the plea hearing was to start. The trial court denied the motion.
Asuncion filed a notice of appeal and we appointed counsel to represent him. On June 29, 2010, his appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende ) in which no issues were raised. The brief included a declaration from counsel that she had reviewed the record and had sent Asuncion a letter advising him that such a brief would be filed and that he could file a supplemental brief if he chose to. On June 30, 2010, this court sent Asuncion a letter advising him that a Wende brief had been filed and that he had 30 days to submit a brief raising any issues he wanted us to consider. Asuncion did not file a supplemental brief.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; Wende, supra, 25 Cal.3d 436.)
DISPOSITION
The judgment is affirmed.
WE CONCUR:
O'CONNELL, J.*
FOOTNOTES
FN1. The parties stipulated that the arresting officer's reports would serve as the factual basis for the plea. The reports are not in the record, but the probation report includes a synopsis of the police reports.. FN1. The parties stipulated that the arresting officer's reports would serve as the factual basis for the plea. The reports are not in the record, but the probation report includes a synopsis of the police reports.
FOOTNOTE. FN*. Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
FLIER, J.
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Docket No: B217586
Decided: August 30, 2010
Court: Court of Appeal, Second District, California.
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