P. v. Treadway CA1/1

Filed 5/31/13 P. v. Treadway CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A137400 v. CHARR RENA TREADWAY, (Sonoma County Super. Ct. Nos. SCR615732, Defendant and Appellant. SCR613996, SCR614157, SCR615668)

Appellant and defendant Charr Treadway appeals following judgments entered after no contest and guilty pleas in a number of cases. Her appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the judgment. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of her right to file a supplemental brief, but has not done so. Upon independent review of the record, we conclude no arguable issues are presented for review, and affirm the judgment. BACKGROUND Case Nos. SCR613996, SCR614157, SCR615668 On February 1, 2012, the Sonoma County District Attorney file a felony complaint in case No. SCR613996 alleging Treadway and Keith Vanguilder unlawfully possessed a controlled substance (methamphetamine) in violation of Health and Safety Code section 11377, subdivision (a). It was further alleged Treadway committed the offense

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while out on bail in two other cases. On April 10, 2012, Treadway executed a written waiver of rights pleading no contest to the drug offense. On February 7, 2012, the Sonoma County District Attorney filed a first amended felony complaint in case No. SCR614157 against Treadway and Vanguilder alleging two counts of burglary of a commercial building (a CVS Pharmacy and a Raley’s market) in violation of Penal Code section 459,1 one count of concealing stolen property (checks and jewelry) in violation of section 496, subdivision (a), and one count of fraudulent use of stolen access cards in violation of section 484e, subdivision (d). It was further alleged Treadway committed the offenses while out on bail in three cases, including case No. SCR613996. On April 10, 2012, Treadway executed a written waiver of rights pleading no contest to the burglary and receiving stolen property charges. On March 19, 2012, the Sonoma County District Attorney filed a felony complaint in case No. SCR615668 against Treadway alleging one count of receipt or concealment of stolen property (bank check) in violation of section 496, subdivision (a), and one count of possession with intent to pass a forged check in violation of section 475, subdivision (a). It was further alleged Treadway committed the offenses while out on bail in five cases, including case Nos. SCR613996 and SCR614157. On April 10, 2012, Treadway executed a written waiver of rights, but failed to specify her plea (guilty or no contest) to the receiving stolen property charge. The form also identified two out-on-bail enhancements, one in case No. SCR614157 and one in case No. SCR613996. At the hearing on April 10, 2012, the court indicated it intended to suspend the maximum aggravated term and give Treadway an opportunity to complete a residential drug treatment program. If, for some reason, the court could not impose this sentence, Treadway would be allowed to withdraw her pleas. Thereafter, after making proper inquiry of Treadway as to the voluntariness of her pleas, the court accepted her no contest pleas as indicated on the waiver of rights forms.