People v. Powell CA3

Filed 3/7/16 P. v. Powell CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C077925

Plaintiff and Respondent, (Super. Ct. Nos. CM041770, CM038092, CM041876) v.

CHRISTINA MAE POWELL,

Defendant and Appellant.

Appointed counsel for defendant Christina Mae Powell has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I We provide the following brief description of the facts and procedural history of the three underlying cases. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

Case No. CM038092 On February 6, 2013, defendant was charged with a single count of child endangerment. (Pen. Code, § 273a, subd. (a).)1 She pleaded no contest as charged in exchange for dismissal with a Harvey waiver2 of case No. CM034956 and the prosecution’s agreement not to oppose her participation in a rehabilitation program. The parties stipulated to the following factual basis for the plea: Defendant gave birth to a child who tested positive for methamphetamine. Defendant was put on a safety plan and placed with the newborn in a residential treatment facility for chemically dependent women and their children. She admitted that she began using methamphetamine during her third trimester of pregnancy, did not inform her doctor of her use, and knew her drug use was dangerous to her unborn child. She also admitted she last ingested methamphetamine on December 10, 2012. On August 14, 2013, the trial court granted defendant’s unopposed motion to withdraw her plea. Thereafter, defendant was charged by amended complaint with felony child endangerment (§ 273a, subd. (a)) and misdemeanor being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)). She entered a plea of no contest to the misdemeanor charge. The remaining charge and case No. CM034956 were dismissed on the People’s motion. The parties stipulated to the same factual basis for the plea. On August 29, 2013, the trial court suspended imposition of sentence and placed defendant on summary probation for three years subject to specified terms and conditions, including 90 days in county jail with credit for time served (by agreement of counsel). The court imposed a $140 restitution fine (§ 1202.4, subd. (b)); a