NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Mauricio Salgado entered into a plea agreement, under the terms of which he pleaded guilty to one count of aggravated sexual assault (Pen. Code,
Salgado did not obtain a certificate of probable cause, but did file a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issue for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Salgado the opportunity to file his own brief on appeal. He has filed a supplemental letter, which we will discuss below.
STATEMENT OF FACTS
Since this appeal arises from a guilty plea with a stipulated sentence, we will take the summary of the facts of the offense from the change of plea.
Salgado admitted that he did unlawfully commit sexual penetration of a child under the age of 14 years of age and was seven or more years younger than him.
As we have noted counsel has not been able to identify any arguable issue for reversal on appeal and has asked this court to review the record for error as mandated by Wende, supra, 25 Cal.3d 436. Consistent with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible, but not arguable issue for our consideration:
Whether Salgado was properly sentenced in accordance with the plea agreement.
Salgado has filed a letter, in the nature of a supplemental brief. Salgado basically contends he is not guilty, others have lied and the incident was not his fault. All of his representations are matters outside the record. The appeal was not accompanied by a certificate of probable cause (§ 1237.5) and is thus limited to matters occurring after the plea. If Salgado has facts that would undermine his conviction or demonstrate ineffective assistance of counsel his remedy, if any, is by way of petition for writ of habeas corpus. (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.)
We have reviewed the entire record and have not identified any arguable issue for reversal on appeal. Competent counsel has represented Salgado on this appeal.
The judgment is affirmed.
McCONNELL, P. J. and AARON, J., concurs.