People v. Bizieff CA5

Filed 6/26/15 P. v. Bizieff 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068090 Plaintiff and Respondent, (Super. Ct. No. BF149384A) v.

ANASTASIA NIKOLAYUNIA BIZIEFF, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis, Judge. Linda J. Zachritz, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

Anastasia Nikolayunia Bizieff pled no contest to possession of a firearm while under the influence of a controlled substance, concealing evidence, and making a false police report. In exchange for pleading to these counts, the prosecution dismissed other counts and Bizieff was placed on probation. Bizieff filed a notice of appeal claiming she did not understand parts of her plea. The trial court granted her request for a certificate of probable cause. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 stating that after reviewing the record, she did not identify any arguable issues. By letter dated May 13, 2014, we invited Bizieff to submit additional briefing. Bizieff did not respond to our letter. We have reviewed the record and find no merit to the arguments in Bizieff’s request for a certificate of probable cause. Nor did our review of the record reveal any other substantive issue. We will remand the matter to the trial court for a correction of the minute order issued at sentencing, which failed to record custody credits that were awarded to Bizieff in the oral pronouncement of judgment. We affirm the judgment in all other respects. FACTUAL AND PROCEDURAL SUMMARY The complaint charged Bizieff with possession of methamphetamine while armed with a loaded firearm (Health & Saf. Code, § 11370.1, subd. (a)), possession of a firearm while under the influence of a controlled substance (id., § 11550, subd. (e)), possession of methamphetamine (id., § 11377, subd. (a)), making a criminal threat (Pen. Code, § 422), attempting to dissuade a witness from testifying (id., § 136.1, subd. (b)(1)), concealing evidence (id., § 135), and making a false police report (id., § 148.5, subd. (a)). The complaint was filed on July 5, 2013. At the July 18, 2013, hearing Bizieff pled no contest to possession of a firearm while under the influence of a controlled substance, concealing evidence, and making a false police report. In exchange, Bizieff