People v. Tomahawk CA1/4

Filed 8/30/16 P. v. Tomahawk CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A147587 v. CHARLINA MAY TOMAHAWK, (Sonoma County Super. Ct. No. SCR-659476) Defendant and Appellant.

This is an appeal from judgment after the trial court revoked the probation of defendant Charlina May Tomahawk and ordered her to, among other things, serve four years in state prison. After defendant filed a timely notice of appeal, appellate counsel was appointed to represent her. Appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), in which he raises no issue for appeal and asks this court for an independent review of the record. (See also People v. Kelly (2006) 40 Cal.4th 106, 124 (Kelly).) Counsel attests that defendant was advised of her right to file a supplemental brief in a timely manner, but defendant has not exercised such right. We have examined the entire record in accordance with Wende. For reasons set forth below, we agree with counsel that no arguable issue exists on appeal. Accordingly, we affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND On December 12, 2014, defendant was charged by complaint with one count of assault with a deadly weapon on a peace officer. (Pen. Code, § 245, subd. (c)). According to the probation report, on December 10, 2014, police officers responded to a report of subjects in a vehicle dumping trash. Two males and two females were by a black Honda when the officers arrived at the scene. As an officer approached the group, defendant “turned towards the officers with a fixed blade knife in her right hand with the blade pointed toward the officers.” Defendant then “took a step forward, closing the distance to approximately 3 to 5 feet, which Officer Rodriquez believed could be a threat to their lives.” On February 6, 2015, defendant entered a no contest plea in exchange for probation. On March 20, 2015, the court suspended imposition of sentence, and placed her on probation for three years, conditioned upon her serving time in county jail, for either one year or until such time that a bed became available at Turtle Lodge rehabilitation center. On March 25, 2015, defendant was transferred to Turtle Lodge; that evening she violated probation by leaving the facility. The court reinstated probation and ordered her to enter and complete the Turtle Lodge program, warning her this would be the “last opportunity to actually participate in the program.” On May 21, 2015, defendant agreed to probation modification, exchanging the Turtle Lodge program condition for serving 365 days in county jail minus credits, followed by treatment as directed by the probation department. All parties expected that defendant would apply to the Friendship House program upon her release from the county jail. Defendant was required to report to the probation department within two working days from her release from custody. Following her release from custody, defendant failed to report to the probation department. On November 4, 2015, defendant admitted to violating probation by failing to keep in contact with the probation department and by testing positive for methamphetamine.