Filed 4/13/15 P. v. Perez CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

DANIEL OMAR PEREZ,

Defendant and Appellant.

 D066159

 (Super. Ct. No. SCD247678)

APPEAL from a judgment of the Superior Court of San Diego County, Kenneth 

K. So, Judge. Affirmed.

Patricia Ihara, under appointment by the Court of Appeal, for Defendant and 

Appellant.

No appearance for Plaintiff and Respondent.
2

Daniel Omar Perez appeals a judgment following his guilty plea to one count of 

voluntary manslaughter (Pen. Code, § 192, subd. (a))1 and one count of attempted 

murder (§§ 664, 187, subd. (a)) and admission of the truth of allegations he personally 

used a deadly and dangerous weapon in committing each of those offenses (§ 12022, 

subd. (b)(1)).

FACTUAL AND PROCEDURAL BACKGROUND

In October 2013, an information charged Perez with the murder of Charles Berry 

(§ 187, subd. (a)) and the attempted murder of Randi Jones (§§ 664, 187, subd. (a)) and 

further alleged that in committing each of those offenses he personally used a deadly and 

dangerous weapon (§ 12022, subd. (b)(1)). In March 2014, pursuant to a plea agreement, 

Perez pleaded guilty to one count of voluntary manslaughter (§ 192, subd. (a)) and one 

count of attempted murder (§§ 664, 187, subd. (a)), and admitted the truth of the deadly 

weapon use allegations (§ 12022, subd. (b)(1)). His plea form stated that he was induced 

to plead guilty by the stipulated prison term of 18 years, consisting of the upper term of 

11 years for the voluntary manslaughter offense with a one-year consecutive term for the 

weapon use enhancement and a consecutive lower term of five years for the attempted 

murder with a one-year consecutive term for the weapon use enhancement. As part of his 

guilty plea, Perez waived his right to appeal that stipulated sentence. The trial court 

questioned Perez regarding the plea agreement and waiver of his constitutional rights, 

 

1 All statutory references are to the Penal Code.
3

found a factual basis for his plea, and accepted his guilty plea and admissions. At 

sentencing, the trial court imposed the stipulated sentence in accordance with Perez's 

guilty plea, imposed certain fines and fees, and awarded him 389 actual days and 58 

conduct days toward his sentence.

Perez timely filed a notice of appeal. The trial court denied his request for a 

certificate of probable cause.

DISCUSSION

Perez's appointed counsel has filed a brief summarizing the facts and proceedings 

below. Counsel presents no argument for reversal of the judgment, but asks this court to 

review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and 

Anders v. California (1967) 386 U.S. 738. Counsel identifies the following possible, but 

not arguable, issues for our review: (1) does Perez's guilty plea preclude him from 

challenging his convictions for voluntary manslaughter and attempted murder on the 

grounds of insufficiency of the evidence, self-defense, and tampered evidence; (2) were 

his credits correctly calculated; (3) was he properly advised of his constitutional rights 

and the consequences of pleading before entering his guilty plea; and (4) were his full 

consecutive sentences and full consecutive enhancements unauthorized under section 

1170.1?

We granted Perez permission to file a supplemental brief on his own behalf, but he 

has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 
4

436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable 

appellate issues. Perez has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

McDONALD, J.

WE CONCUR:

NARES, Acting P. J.

McINTYRE, J.