People v. McKenna CA4/3

Filed 6/13/14 P. v. McKenna CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049087

v. (Super. Ct. No. R01582)

SINJIN GARRETT MCKENNA, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Arielle Bases, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Defendant Sinjin Garrett McKenna appeals from the trial court’s order finding McKenna violated the terms of his postrelease community supervision, and committing him to county jail for 180 days. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel identified a potential issue to assist us in our independent review. McKenna was granted 30 days to file written arguments in his own behalf, but did not do so. We have examined the entire record and counsel’s Wende/Anders brief. After considering the entire record, we have found no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

BACKGROUND In November 2011, then 19-year-old McKenna was charged in a felony complaint with one count of carrying a dirk or dagger, in violation of former Penal Code 1 section 12020, subdivision (a)(4), and one count of resisting and obstructing an officer, in violation of section 148, subdivision (a)(1). He pleaded guilty to both counts. The trial court suspended the imposition of sentence and placed McKenna on three years’ formal probation on terms and conditions that included his serving 100 days in the county jail. On February 15, 2012, the chief probation officer filed a petition for revocation of probation and the issuance of a warrant for McKenna’s arrest. The petition