People v. Feliciano CA6

Filed 8/21/14 P. v. Feliciano CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040727 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS111352A)

v. JAMIE FELICIANO,

Defendant and Appellant.

Pursuant to a negotiated disposition, Jamie Feliciano (defendant) pleaded no contest to one count of recklessly evading an officer while operating a motor vehicle (Veh. Code, § 2800.2, subd. (a), count one); one misdemeanor count of possession of methamphetamine (Health & Saf. Code, former § 11377, subd. (a), Stats.2008, ch. 292, § 3, count two); and one count of hit and run causing property damage (Veh. Code, § 20002, subd. (a), count three). In exchange for her no contest pleas, defendant was promised felony probation and the dismissal of several other counts. Subsequently, on October 5, 2011, the court suspended imposition of sentence and placed defendant on probation for three years on various terms and conditions including drug testing. The court ordered that defendant serve two days in county jail, with credit for time served. The court imposed various fines and fees. On motion of the prosecutor, the court dismissed several other counts. On October 19, 2011, the probation department filed a petition to revoke defendant's probation based on a positive drug test. On October 21, 2011, defendant admitted the probation violation. On November 23, 2011, the court revoked and then

reinstated defendant's probation on the same terms and conditions. The court ordered that defendant serve 120 days in county jail and awarded defendant 77 days of custody credits. On December 24, 2013, the probation department filed another petition to revoke defendant's probation based on defendant's commission of a theft (Pen. Code, § 484) in case No. MS317650A.1 On January 17, 2014, defendant was found in violation of her probation in this case based on her plea of no contest in case No. MS317650A. On February 14, 2014, the court revoked and reinstated defendant's probation. The court imposed a jail term of 165 days with credit for time served of 165 days. In the misdemeanor case the court imposed a consecutive county jail term of 10 days, with no credit for time served. Defendant filed a notice of appeal on February 25, 2014, in which she appealed from the judgment based on the ground that the court had committed sentencing error. Defendant's appointed counsel has filed an opening brief in which no issues are raised. Counsel asks this court to conduct an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel has declared that he advised defendant that this court will notify her that appointed counsel has filed a Wende brief and give her the opportunity to inform this court of any issues she wishes to bring to our attention.