Can a defendant plead guilty on appeal for the purposes of pleading guilty to assault?

California, United States of America


The following excerpt is from People v. Conley, E047866 (Cal. App. 7/29/2009), E047866 (Cal. App. 2009):

At his request, this court appointed counsel to represent defendant on appeal. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting that we undertake an independent review of the entire record. We offered defendant an opportunity to file a personal supplemental brief, but he has not done so.

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error. First, the record shows defendant was adequately advised of the rights being waived and the consequences of pleading guilty. Specifically, he was informed of the ramifications of admitting the Strike prior, including the fact he would be giving up the right to make a Romero motion. There is substantial evidence to support the trial court's finding that the plea was made "knowingly and with full understanding."

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