People v. Hibbard CA4/3

Filed 10/4/16 P. v. Hibbard CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G053141

v. (Super. Ct. No. 14NF5116)

MITCHELL ALAN HIBBARD, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Vickie Hix, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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1. Introduction Mitchell Alan Hibbard (Defendant) admitted a probation violation. As a consequence, the trial court revoked probation and sentenced Defendant on his conviction for possession or control of child pornography (Pen. Code, § 311.11, subd. (a)), for which sentence previously had been suspended. Defendant filed a notice of appeal from the 1 sentence. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting that we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel suggested an issue to assist us in conducting our independent review. Defendant was granted 30 days to file written arguments in his own behalf, but did not file anything. We have examined the entire record and counsel’s Wende/Anders brief. After considering the entire record, we have found no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.