People v. Daniel CA2/4

California Court of Appeal Aug 24, 2022 No. B316832Unpublished

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Holding. The court affirmed the judgment revoking the defendant's probation and imposing a three-year prison sentence after finding no arguable issues upon independent review of the record pursuant to People v. Wende.

Issues

Whether the trial court erred in revoking probation based on the defendant's failure to report to the probation department.
Whether there are any arguable issues on appeal following the defendant's admission to probation violations and subsequent sentencing.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Neither appellant nor his appointed counsel has raised any issue on appeal. We have independently reviewed the record and discern no arguable issue.”

“By virtue of counsel’s compliance with the Wende procedure and our review of the record, appellant has received adequate and effective appellate review of the judgment.”

Filed 8/24/22 P. v. Daniel CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B316832

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA485620) v.

WILLIE LEE DANIEL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed. Laura R. Vavakin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Appellant Willie Lee Daniel was sentenced to probation for an assault by means of force likely to cause great bodily injury. After he twice admitted violating the terms of his probation, which the trial court reinstated, the court found he violated the terms of his probation a third time, by failing to report to the probation department. The court revoked appellant’s probation and sentenced him to three years imprisonment. On appeal, his appointed counsel filed a brief raising no issues and asking this court to independently review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Having done so, we affirm.

BACKGROUND A. Probation Sentence and First Two Violations In March 2020, appellant pled no contest to one count of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)). Pursuant to a plea agreement, the court suspended imposition of sentence, placed appellant on probation for three years, and ordered him to serve 90 days in county jail (with 61 days of credit). The court imposed fines and fees, but subsequently stayed them, finding appellant was unable to pay. Appellant’s probation conditions included requirements to obey all laws, as well as all rules and regulations of the probation

People v. Daniel CA2/4

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B316832

WILLIE LEE DANIEL,

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