People v. Fuller CA5

Filed 10/10/14 P. v. Fuller CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F066900 Plaintiff and Respondent, (Madera Super. Ct. v. Nos. MCR041675, MCR042113 & MCR043958) TAMEKA MARIE FULLER,

Defendant and Appellant. OPINION

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Ernest J. LiCalsi, Judge. Gillian Black, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Franson, J. and Peña, J.

INTRODUCTION Appellant/defendant Tameka Marie Fuller was placed on probation pursuant to a series of negotiated dispositions. She repeatedly violated probation by failing to comply with the probationary terms and committing new offenses. The court revoked probation and ordered execution of the previously imposed sentence of six years four months. On appeal, her appellate counsel has filed a brief which summarizes the facts, with citation to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We will affirm. FACTS Case No. MCR041675 On the evening of August 13, 2011, defendant and a companion were in the Food- 4-Less store in Madera. They both put items in their purses. Defendant’s companion paid for some of the items, but they walked out without paying for the other merchandise. The store’s loss prevention officer detained the women outside and escorted them back to the store. He gave them the opportunity to pay for the merchandise. Defendant’s companion paid for the rest of her items. Defendant said she did not have any money. She had taken approximately $43 worth of merchandise. When an officer arrived at the store, he searched defendant and found the stolen items. He also found a glass methamphetamine pipe in her pocket. Case No. MCR042113 On September 9, 2011, defendant was released from the Madera County Department of Corrections on a one-day pass to attend a relative’s funeral. She was ordered to turn herself back into the jail at 7:00 p.m. She failed to return and a bench warrant was issued for her arrest. On the evening of October 8, 2011, officers conducted a traffic stop of a vehicle for driving without headlights. Defendant was a passenger in the car. One of the officers recognized her from prior contact. Defendant admitted she was still on parole. She was