THE PEOPLE v. THOMAS SNYDER (2012)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Defendant Thomas Synder entered a negotiated plea of no contest to threatening a public officer or employee (Pen.Code, § 71).   Defendant also admitted a prior serious or violent felony conviction and waived all presentence credit.   In conformity with the plea agreement, the trial court sentenced defendant to a second strike term of four years.   Defendant's plea was based on a June 22, 2009 incident at Lancaster state prison in which he told a prison psychologist that his parole plans were to “get a gun, load it, and find out what [his parole agent's] home address is.”

Defendant's request for a certificate of probable cause was denied.   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 October 4, 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NOT TO BE PUBLISHED.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. CHANEY, J.