THE PEOPLE v. KARDELL JONES (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Defendant Kardell Jones entered a negotiated plea of no contest to a charge of petty theft with a prior.   He also admitted one of three “strike” allegations.   In conformity with the plea agreement, the trial court sentenced defendant to a second strike term of four years in prison.   The plea was based on a July 31, 2010 shoplifting incident at a Walmart store in Baldwin Park in which defendant and a companion left the store without paying for two rugs and two knife sets.

Defendant did not apply for or obtain a certificate of probable cause, but filed a timely appeal.   We appointed counsel to represent defendant on appeal.   After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record.   On April 20, 2011, we advised defendant he had 30 days within which to personally submit any contentions or issues he wished us to consider.   To date, we have received no response.

Defendant's no contest plea and failure to obtain a certificate of probable cause limit the potential scope of defendant's appeal to “grounds that arose after entry of the plea and do not affect the plea's validity” or “the denial of a motion to suppress evidence under Penal Code section 1538.5.”   (Pen.Code, § 1237.5;  Cal. Rules of Court, rule 8.304(b).)  We have examined the entire record and have found that no arguable issues of any sort exist, let alone issues cognizable without a certificate of probable cause.   We are satisfied that defendant's attorney has fully complied with her responsibilities.  (People v. Kelly (2006) 40 Cal.4th 106, 109–110;  People v. Wende (1979) 25 Cal.3d 436, 441.)

DISPOSITION

The appeal is dismissed.

NOT TO BE PUBLISHED

We concur:

ROTHSCHILD, J. JOHNSON, J.