People v. Perkins CA5

Filed 6/4/24 P. v. Perkins CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F087343 Plaintiff and Respondent, (Super. Ct. No. F23907412) v.

VALENCIA PERKINS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Charles J. Lee, Judge. Laura Vavakin, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Poochigian, J. and Smith, J.

Appellate counsel for defendant Valencia Perkins has filed an opening brief summarizing the pertinent facts and raising no issues but asking this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also includes a declaration from appellate counsel stating defendant was advised of her right to file a brief of her own with this court. By letter dated March 20, 2024, we also invited defendant to submit additional briefing. Defendant did not file a response. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following our Supreme Court’s direction in Kelly, we provide a brief description of the facts and the procedural history of the case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL SUMMARY On October 10, 2023, a complaint was filed charging defendant with second degree robbery (Pen. Code,1 § 211, a felony; count 1), shoplifting (§ 459.5, subd. (a), a misdemeanor; count 2), and battery (§ 242, a misdemeanor; count 3). Defendant pled not guilty to each charge and denied all other allegations in the complaint the very next day. Less than one week later, on October 17, 2023, defendant signed and submitted a felony advisement, waiver of rights and plea form. The form showed defendant agreed to plead no contest to count 1, and that the remaining counts and allegations would then be dismissed. The trial court went through the form with defendant when the plea was changed, verifying defendant understood the rights she was relinquishing as a result of the no contest plea to count 1. After defendant actually pled no contest to count 1, both defense counsel and the prosecution stipulated there was a factual basis for the plea pursuant to People v. West (1970) 3 Cal.3d 595.