People v. Underwood CA2/4

California Court of Appeal Feb 20, 2024 No. B327972Unpublished

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Holding. The court affirmed the order granting probation, finding no arguable issues on appeal and determining that the defendant's challenges to a subsequent probation revocation were outside the scope of the current appeal.

Issues

Whether there are any arguable issues on appeal under People v. Wende.
Whether the trial court erred in its November 30, 2022, order granting probation and imposing a suspended three-year sentence.
Whether the defendant's challenges to a subsequent March 22, 2023, probation revocation order are within the scope of this appeal.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Having also undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to appellant. Accordingly, we affirm the order on appeal.”

“In this case, the majority of appellant’s challenges are directed to the trial court’s March 22, 2023, order revoking probation, which is beyond the scope of this appeal.”

Filed 2/20/24 P. v. Underwood CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B327972

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA096488-01) v.

JASON UNDERWOOD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mildred Escobedo, Judge. Affirmed. A. William Bartz, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance for Plaintiff and Respondent. ____________________________

Appellant Jason Underwood pleaded no contest to one count of vandalism (Pen.1 Code § 594, subdivision (a)) and was granted probation, subject to various conditions. Appellant timely appealed the trial court’s order, and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating he has not identified any arguable issues for reversal on appeal. Counsel asks this court to review the record as mandated by Wende. Appellant filed a supplemental brief raising various challenges to the trial court’s order. We discuss the supplemental brief in the discussion section below and affirm the trial court’s order.

BACKGROUND On September 16, 2022, an information was filed charging appellant with one count of vandalism involving $400.00 or more in damage or destruction of property (§ 594, subdivision (a)). On November 30, 2022, appellant pled no contest to the charge and was placed on formal probation with various conditions. The transcript of the no contest plea reflects that probation was terminated in two other pending cases as part of his plea agreement. The court imposed an upper term sentence of three years with execution of sentence suspended pending successful completion of probation. On January 4, 2023, appellant timely appealed the trial court’s order.2

People v. Underwood CA2/4

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B327972

JASON UNDERWOOD,

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