People v. Peters CA1/4

Filed 6/30/25 P. v. Peters CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A170223 v. TONI PETERS, (Del Norte County Super. Ct. No. CRF22-9216) Defendant and Appellant.

Toni Peters appeals from a judgment and the imposition of a previously announced and suspended sentence following her violation of the terms of her probation. Her court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to determine whether there are any arguable issues on appeal. We conclude there are no issues requiring further review and affirm. BACKGROUND A Crescent City police officer was dispatched to the home of Peters’s mother on an April evening in 2022. Peters was lying face down and asleep on the living room floor. The officer learned that Peters was intoxicated and had been dropped off at her mother’s home. She had a physical altercation with her mother, and had prevented a minor from leaving the home to get help. Peters was arrested.

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Peters was charged in an information with one count of elder abuse involving the willful infliction of injury in violation of Penal Code section 368 subdivision (b)(1)1, and a single count of misdemeanor child abuse in violation of section 273a. She entered a no contest plea to each count. Peters was sentenced to the low term of two years in state prison for the elder abuse charge with the execution of sentence suspended, and placed on probation for four years. She was sentenced to a year on the misdemeanor, also suspended. Fines and fees were set at the statutory minimum and, except for a $40 court operations fee, Peters was given the opportunity to perform community service in lieu of paying the fines. The court reserved jurisdiction over restitution. While on probation, Peters was terminated from two residential treatment and recovery programs, and several times failed to comply with a urine testing probation condition, or tested positive for alcohol or marijuana. After a report that Peters was in the hospital in February 2023, she did not make further contact with the probation department until she was arrested in December 2023. A petition to revoke probation had been filed in July 2023. Peters admitted the allegations of the petition to revoke parole, and the court imposed the previously suspended sentence, including the fines and fees. She timely appealed. While Peters’ appeal was pending before this court, the trial court corrected the award of pre-sentence credits, and our record was augmented with an amended abstract of judgment reflecting the correct award.