People v. Caldera CA3
C074583
| Cal. Ct. App. | Aug 25, 2016Background
- Early morning June 1, 2013, Victor Caldera attacked 64-year-old Roger Miller in two confrontations at a transient camp and alley; Caldera struck Miller many times and searched his pockets for a wallet.
- Caldera used a lighter or broken glass pipe and inflicted a large neck laceration; officers found Miller bleeding and later pronounced him dead from his injuries.
- Officers found Caldera shortly after in a nearby motel with blood on his shoes, clothes, and a green backpack.
- Caldera pled no contest to second degree murder and admitted a prior strike and a prior prison term; remaining counts were dismissed under a Harvey waiver.
- The court sentenced Caldera to six years plus 15 years to life, ordered fines, fees, and victim restitution, and awarded 81 days’ custody credit.
- Caldera did not obtain a certificate of probable cause for appeal; counsel filed a Wende opening brief and Caldera submitted a pro se letter alleging errors regarding prior convictions and the backpack.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are arguable appellate issues after a Wende review | People: Record reviewed; no reversible error identified | Caldera: Prior conviction allegations were not present; backpack evidence false | Court: Wende review found no arguable issues; judgment affirmed |
| Whether defendant may challenge plea validity on appeal without a certificate of probable cause | People: Challenges to plea validity require certificate of probable cause and are not cognizable on appeal without it | Caldera: Contended plea/admissions were invalid (prior allegations, evidence) | Court: Such claims cannot be raised without a certificate of probable cause and thus were not considered |
Key Cases Cited
- People v. Wende, 25 Cal.3d 436 (court required independent appellate review when appointed counsel files a no-issue brief)
- People v. Kelly, 40 Cal.4th 106 (standards for summarizing record in Wende-style review)
- People v. Harvey, 25 Cal.3d 754 (procedure for dismissing remaining counts/allegations in plea bargains)
- People v. Mendez, 19 Cal.4th 1084 (plea-invalidity claims require certificate of probable cause)
- People v. Panizzon, 13 Cal.4th 68 (same principle regarding certificate of probable cause)