D084811
Cal. Ct. App.Sep 2, 2025Background
- Defendant Raymond Haros was seen inside a vacant commercial suite where a fire intentionally set in wooden beams supporting an alcove was later found; a witness heard banging and saw smoke.
- Police recovered a plastic lighter with burnt plastic remnants in Haros’s pocket; an arson investigator concluded the fire was deliberately set.
- The People charged Haros with felony arson (Pen. Code, § 451(c)); the complaint also alleged a governor-declared state of emergency and a prior strike.
- Haros pled guilty to felony arson and to misdemeanor possession of methamphetamine (Health & Safety Code § 11377(a)); the parties stipulated the preliminary hearing transcript furnished a factual basis.
- As part of the plea agreement the state-of-emergency allegation and the prior strike were dismissed and Haros received a stipulated two-year sentence.
- Appellate counsel filed a Wende/Anders brief (no points for reversal), the court performed independent review, considered a possible issue about withdrawing the plea based on preliminary-hearing comments about intent, and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Haros may challenge the validity of his guilty plea on appeal without a certificate of probable cause | The People: a defendant cannot contest a plea on appeal without a certificate of probable cause | Haros: (as flagged by counsel) contend plea withdrawal might be warranted due to issues identified at prelim hearing | Haros cannot challenge the plea without a certificate of probable cause; appeal limited and judgment affirmed |
| Whether preliminary hearing remarks questioning malicious intent undermined the factual basis for the felony plea and warranted withdrawal | The People: no reversible defect shown and plea was supported by the stipulated prelim record | Haros: trial court’s comments at the preliminary hearing about intent could cast doubt on the factual basis for the felony plea and justify withdrawal | Court found clearer inquiry would be preferable but concluded no reasonably arguable issue meriting reversal; plea stands |
Key Cases Cited
- People v. Wende, 25 Cal.3d 436 (1979) (requires appellate court independent record review when counsel finds no arguable issues)
- Anders v. California, 386 U.S. 738 (1967) (counsel must identify possible appealable issues and allow defendant opportunity to file a pro se brief)
- People v. Johnson, 47 Cal.4th 668 (2009) (a defendant generally may not attack the validity of a guilty plea on appeal without a certificate of probable cause)