People v. Potter CA2/5

California Court of Appeal Aug 5, 2022 No. B314773Unpublished

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Holding. The court affirmed the defendant's sentence, finding no arguable issues on appeal after an independent review of the record pursuant to People v. Wende.

Issues

Whether the defendant received ineffective assistance of counsel at sentencing.
Whether the trial court exhibited bias or imposed an excessively harsh sentence.
Whether the defendant's conviction was eligible for reduction to a misdemeanor under Proposition 47.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We have examined the entire record. We are satisfied no arguable issues exist and that Potter’s counsel has fully satisfied his responsibilities under Wende.”

“The trial court explained that it imposed the upper term because Potter broke her promise to the court and failed to appear at the sentencing hearing.”

“Potter’s claim that the trial court was biased is not supported by the record.”

Filed 8/5/22 P. v. Potter CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B314773

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA055588-01) v.

GISELE MATTIE POTTER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert G. Chu, Judge. Affirmed. The Law Office of Evan D. Williams and Evan D. Williams, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Respondent. ____________________________ In 2012, defendant and appellant Gisele Mattie Potter pleaded no contest to possession of cocaine for sale. (Health &

Saf. Code, § 11351.5.)1 Potter admitted that she suffered one prior conviction pursuant to section 11351.5, and one prior conviction pursuant to section 11350, subdivision (a). The agreed-upon sentence was four years in prison, comprised of the low term of three years for violation of section 11351.5, plus one year for a prior conviction enhancement pursuant to Penal Code section 667.5, subdivision (b). The trial court agreed to release Potter on her own recognizance for two weeks to wrap up her affairs prior to sentencing. The court advised Potter that if she failed to return for sentencing or was discovered in possession of a controlled substance, the court would sentence her to a term of nine years in prison. Potter failed to appear for sentencing, and the trial court issued a bench warrant for her arrest. Potter was taken into custody and appeared before the trial court on May 20, 2021. At a sentencing hearing on June 15, 2021, Potter’s counsel argued that placement in a substance abuse program was an appropriate alternative to imprisonment. The court sentenced Potter to the upper term of four years in county jail.2

People v. Potter CA2/5

AI Brief

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B314773

GISELE MATTIE POTTER,

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DISPOSITION

MOOR, J.

RUBIN, P. J.

KIM, J.

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