People v. Stewart-Lormer CA1/4

Filed 5/31/24 P. v. Stewart-Lormer CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A169472 v. DANIELLE ANNA MARIE (Sonoma County Super. Ct. Nos. SCR-757162-1, STEWART-LORMER, SCR-765370-1) Defendant and Appellant.

Danielle Anna Marie Stewart-Lormer appeals from her combined sentence of sixteen months in state prison. Stewart-Lormer’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) summarizing the facts and procedural history, asking this court to independently review the record to identify any issues warranting review. Stewart-Lormer was advised of her right to file a supplemental brief but she has failed to do so. Finding no arguable issues on appeal, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On April 3, 2023, in Sonoma County Superior Court, Case No. SCR- 757162-1, Stewart-Lormer entered a no contest plea to count 1 of the felony

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complaint — second-degree commercial burglary — in violation of Penal Code section 459.1 Stewart-Lormer was released pending sentencing. On May 12, 2023, the trial court suspended the imposition of sentence and placed Stewart-Lormer on formal probation for a period of 24 months under the following terms and conditions: that she participate in and complete mental health and substance abuse programs as directed by the Adult Probation Department; and other standard terms and conditions, fines, and fees. She was given credit for time served and released. On August 14, 2023, Stewart-Lormer was arrested after a dispatch call indicated she was in possession of a firearm and talking to herself in an agitated state. During the arrest, the officers had to use a 40mm less lethal foam baton and K9 dog to take Stewart-Lormer into custody. During a search of her person, the officers seized two knives and a plastic BB gun. On August 18, 2023, in Sonoma County Superior Court, Case No. SCR- 765370-1, the People filed a two-count felony complaint against Stewart- Lormer, charging her in count 1 with carrying a dirk or dagger, in violation of section 21310, a felony; and in count 2 with resisting arrest, in violation of section 148, subdivision (a)(1), a misdemeanor. On October 10, 2023, the trial court terminated the probation in Case No. SCR-757162-1, as unsuccessful, revoked probation, and sentenced Stewart-Lormer to a mitigated 16-month county jail state prison sentence pursuant to section 1170, subdivision (h). On this same date, in Case No. SCR-765370-1, Stewart-Lormer entered a plea of no contest to count 1 of the complaint, carrying a dirk or dagger in violation of section 21310, a felony. On the plea agreement form executed by Stewart-Lormer, it states that the custody period would be 16 months in