People v. Aguilar CA1/5

Filed 7/6/23 P. v. Aguilar CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for pur- poses of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A167229 v. PRISCILLA N. AGUILAR, (Mendocino County Defendant and Appellant. Super. Ct. No. 22CR00352)

Priscilla N. Aguilar appeals from the trial court’s order revoking her probation and executing her previously imposed prison sentence after she admitted violating conditions of her probation. Aguilar’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. Our independent review of the record reveals no arguable issues that would result in a disposition more favorable to Aguilar, and we affirm the judgment with one modification.

BACKGROUND

In February 2022, Aguilar set another person’s car on fire. After Aguilar was charged via information, she entered a plea agreement, under which she pled no contest to one count of property arson (Pen. Code, § 451, subd. (d))1 and admitted a special allegation that the offense was committed during (and within an area under) a declared state of emergency (§ 454,

1 Undesignated statutory references are to the Penal Code. 1

subds. (a)(2), (b)). In exchange, Aguilar was to be granted probation at the outset, understanding that she would serve a stipulated five-year (middle term) prison sentence should she violate probation.2

Pursuant to the negotiated disposition, the trial court imposed the stipulated five-year prison sentence, suspended execution of that sentence, and placed Aguilar on two years’ formal probation. Her probation conditions included a 180-day jail term (with three days’ credit for time served); registration as an arson offender (§ 457.1, subd. (b)(2)); completion of 50 hours of community service; substance abuse and mental health evaluation and treatment; a prohibition on possessing or using narcotics or “restricted drugs” without a prescription; and a prohibition on possessing incendiary devices (outside of her kitchen).