People v. Maldonado CA2/5

Filed 5/30/14 P. v. Maldonado CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B249366

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA405095) v.

DARLENE MALDONADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Upinder S. Kalra, Judge. Affirmed. Edward Mahler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for respondent.

INTRODUCTION The trial court found that defendant and appellant Darlene Maldonado violated her Proposition 36 drug treatment probation and sentenced her to two years in county jail. The trial court awarded defendant 144 days of actual custody credit and 144 days of conduct credit. On appeal, defendant’s appointed counsel filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting this court to conduct an independent review of the record to determine if there are any arguable issues. On January 30, 2014, we gave notice to defendant that counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments she wished this court to consider. Defendant did not file a responsive brief or letter. We affirm.

PROCEDURAL BACKGROUND On January 24, 2013, defendant pleaded no contest to possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The trial court suspended imposition of sentence, and placed defendant on Proposition 36 probation for a period of 12 months, under various terms and conditions, including the condition that she obey all laws. On February 19, 2013, defendant was arrested and charged with petty theft with three prior theft-related offenses (Pen. Code, § 666) and attempted unlawful driving or taking of a vehicle (Pen. Code, § 664/Veh. Code, § 10851). The prosecution subsequently dismissed those charges and elected to proceed as to those offenses as violations of defendant’s Proposition 36 probation. The trial court found that defendant violated her Proposition 36 probation and that the violation was not drug-related. The trial court sentenced defendant to two years in county jail and awarded her 144 days of actual custody credit and 144 days of conduct credit.