People v. Wylam CA4/2 ( 2016 )

Filed 8/3/16 P. v. Wylam CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E065804
v. (Super.Ct.No. INF1300234)
JENNIFER LYNN WYLAM, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge.
Affirmed.
Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
On January 29, 2013, a complaint charged defendant and appellant Jennifer Lynn
Wylam (defendant) with second degree burglary under Penal Code section 459 (count 1);
false personation under Penal Code section 529, subdivision (a)(3) (count 2); and
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receiving stolen property under Penal Code section 496, subdivision (a) (count 3). The
complaint also alleged that defendant had suffered four prison priors under Penal Code
section 667.5, subdivision (b).
On June 7, 2013, defendant pled guilty to counts 1 and 2 on the condition that she
would be sentenced to two years eight months in county jail, to run concurrent to a nine-
year sentence on other cases. She also agreed to pay a restitution fine of $2,495.86. On
the same day, the trial court struck count 3 and the prison priors, and imposed the
midterm of two years for second degree burglary and a consecutive one-third the
midterm, eight months, for false personation, to be served in county jail, concurrently to a
sentence of nine years eight month, on other cases. The court imposed fines and fees,
and awarded actual and good time credits.
On December 1, 2015, defendant filed a motion to recall her sentence of second
degree burglary, and to be resentenced as a misdemeanor under Penal Code section
1170.18, subdivision (a) or (f). On February 24, 2016, the People filed an opposition
contending that the loss was more than $950, as evidenced by the restitution order of
$2,495.86, and that the second degree burglary charge was not “shoplifting,” but based
on false personation.
On February 24, 2016, the trial court denied defendant’s motion to recall her
sentence because the loss suffered was more than $950.
On April 22, 2016, defendant filed a timely amended notice of appeal challenging
the denial of her motion for resentencing under Penal Code section 1170.18, as an order
made “after judgment, affecting . . . substantial rights.”
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DISCUSSION
After defendant appealed, and upon her request, this court appointed counsel to
represent her. Counsel has filed a brief under the authority of People v. Wende (1979) 25
Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the
case, a summary of the facts, and potential arguable issues, and requesting this court to
undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but she
has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we
have independently reviewed the record for potential error and find no error.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
J.
We concur:
McKINSTER
Acting P. J.
SLOUGH
J.
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