People v. Mosley CA1/4

Filed 6/30/25 P. v. Mosley 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A172031 v. (Contra Costa County GARY LAMAR MOSLEY, Super. Ct. No. 012301439) Defendant and Appellant.

Defendant Gary Lamar Mosley has appealed after the trial court revoked his probation and sentenced him to three years in prison. Mosley’s appointed appellate counsel filed a brief asking this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. In a declaration accompanying the brief, counsel states he attempted to contact Mosley (who is no longer in custody) to inform him of his right to file a supplemental brief. Mosley has not filed one. After reviewing the record, we find no arguable issues that would warrant further briefing.1 We therefore affirm.

1 We need not decide whether an independent review of the record is

required in this appeal, as we have exercised our discretion to conduct an independent review in any event. (See People v. Delgadillo (2022) 14 Cal.5th 216, 222, 224–225, 231–232 & fn. 5 [independent record review is not required in appeals of certain postconviction orders; even if not required,

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I. BACKGROUND A. The 2022 Grant of Probation and the Subsequent Petitions To Revoke Probation Mosley was placed on three years’ formal probation in Fresno County on May 27, 2022, following a no contest plea and resulting conviction for felony domestic abuse (Pen. Code, § 273.5, subd. (a)).2 In April 2023, the Fresno County Superior Court granted a request by the probation department there to transfer Mosley’s probation supervision to Contra Costa County pursuant to section 1203.9. Conditions of probation included requirements that Mosley obey all laws and not contact the victim of his abuse. In August 2023, the Contra Costa County Probation Department filed a petition to revoke Mosley’s probation. The petition alleged Mosley had been terminated from a court-ordered batterer’s intervention program for excessive absences. At a hearing on March 7, 2024, Mosley appeared in custody and admitted the violation. The court revoked and reinstated probation subject to a requirement that Mosley serve a 60-day jail term. The Contra Costa County Probation Department filed a second petition to revoke Mosley’s probation in April 2024, as well as a supplemental petition in July 2024. The April 2024 petition alleged that, in November 2023, Mosley violated the conditions of his probation by punching and threatening his former girlfriend (who was also the victim in the underlying offense that led to his no contest plea and initial grant of probation in Fresno County). The