Filed 1/29/14 P. v. Dixon CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

v.

PARIS DIXON, III,

Defendant and Appellant. B250016

(Los Angeles County Super. Ct. No. BA409103)

APPEAL from a judgment of the Supe rior Court of Los Angeles County, Richard S. Kemalyan , Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director and Richard B. Lennon, under appointment by th e Court of Appeal, for Defendant and Appellant. No appearance for Respondent.2 In the underlying action, appellant plead ed nolo contendere to one count of making criminal threats pursuant to a pl ea agreement, and was sentenced in accordance with the terms of that agreemen t. His court-appointed counsel has filed an opening brief raising no issues. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 ( Wende ), we conclude that no arguable issues ex ist. Accordingly, we affirm.

PROCEDURAL BACKGROUND On June 13, 2013, an amended inform ation was filed, charging appellant Paris Dixon, III, in count one with corpor al injury to a cohabitant (Pen. Code, § 273.5, subd. (a)), in count two with making criminal threats (Pen. Code, § 422, subd. (a)), in count three with kidnapping (Pen. Code, § 207, subd. (a)), and in count four with evading a police offi cer (Veh. Code, § 2800.2, subd. (a)). Accompanying the charges were allegations that appellant ha d suffered a strike under the Three Strikes Law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and seven prior fel ony convictions for which he had served a prison term (Pen. Code, § 667.5, subd. (b)). In a ddition, accompanying counts two and three was an allegation that he had suffere d a prior felony conviction constituting a serious felony (Pen. Code , § 667, subd. (a)(1)). On June 19, 2013, after appellant’s ju ry trial had begun, he entered into a plea agreement under which he was to be gi ven a total term of 10 years in state prison. In accordance with the agreement, appellant pl eaded nolo contendere to the charge of making criminal threats (c ount two), and admitted the prior strike under the Three Strikes law, as well as f our prior felony convic tions for which he had served prison terms. As provided in the plea agreement, the trial court imposed the three-year upper term for making criminal threats, doubled that term pursuant to the Three Strikes law, and ad ded four one-year enhancements for the3 prior prison terms (Pen. C ode, § 667.5, subd. (b)). Th e remaining counts in the

amended information were dismisse d. This appeal followed.

FACTS 1 In the early morning hours of March 17, 2013, appellant attended a night club in Inglewood with Ana P., with whom appellant lived. Later, California Highway Patrol and Los Angeles Police Department officers responded to a call regarding an altercation near a freeway o ff ramp, and tried to stop an SUV driven by appellant. At the officers’ direction, appellant pulled his SUV over, but drove away when they walked toward it. When the officers finally stopped the SUV, appellant fled on foot. Inside the SUV, the officers discovered An a, whose face displayed injuries. She told the officers that after she and appe llant left the nightclub, they argued, and she tried to walk away. Appellant followe d Ana in his SUV, parked it, and struck

her so hard that she lost consciousness. When she regained consciousness, she

found herself inside the SU V, where appellant choked he r and said, “I am going to kill you.” Appellant then drove the SU V onto a freeway. As he approached a freeway off ramp, Ana atte mpted to flee from the SUV, but he dragged her back

inside it.

DISCUSSION After an examination of the record, a ppellant’s court-appointed counsel filed an opening brief raising no issues and requ ested this court to review the record independently pursuant to Wende . In addition, counsel advised appellant of his

1 Because the trial had not been comple ted when appellant entered into the plea agreement, the facts are based on the evidence presented at the preliminary hearing.4 right to submit by supplemental brief any contentions or argument he wished the court to consider. Appellant has presented no such brief. Appellant’s plea of nolo contendere rest ricts the scope of the appeal before us. The notice of appeal seek s to challenge the validity of the plea, and also asserts that the appeal “is based on the sentence or other matters that occurred after the plea . . . .” In requesting a certificate of probable cause to attack the validity of the plea, appellant stated that he wished to withdraw his plea because his 10-year sentence was too harsh, in view of the ev idence likely to be presented at trial. Because the trial court denied appellant ’s request for a certificate of probable cause, his appeal is limited to “postplea cl aims, including sentencing issues, that do not challenge the validity of the plea.” ( People v. Cuevas (2008) 44 Cal.4th 374, 379.) Under this principle, “‘“[w]hen a gu ilty [or nolo contendere] plea is entered in exchange for specified benefits such as the dismissal of other counts or an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement.”’” ( Id . at p. 383, quoting People v. Panizzon (1996) 13 Cal.4th 68, 80.) As appellant’s sentence was imposed in accord ance with the plea agreement, our review of the record disclo ses no potential error within the scope of the appeal. We therefore conclude that appellant’s counsel ha s fully complied with his responsibilities and that no arguable issues exist. ( Wende

, supra , 25 Cal.3d at p. 441.)5 DISPOSITION The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

MANELLA, J.

We concur:

EPSTEIN, P. J.

WILLHITE, J.