People v. Warnick CA4/1 ( 2015 )

Filed 10/20/15 P. v. Warnick CA4/1
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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D067583
Plaintiff and Respondent,
v. (Super. Ct. No. JCF33483)
JAMES L. WARNICK,
Defendant and Appellant.
APPEAL from an order of the Superior Court of Imperial County, Poli Flores, Jr.,
Judge. Affirmed.
William D. Farber, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance by Respondent.
As part of a plea agreement, James L. Warnick entered a no contest plea to one
count of abuse of an elder or dependent adult. (Pen. Code, § 368, subd. (b)(1).) Pursuant
to the plea agreement, the court granted Warnick formal probation for three years on
various terms and conditions. The court also issued a criminal domestic violence
protective order.
A month after the sentencing, a petition to revoke probation was filed. A formal
hearing was scheduled for September 30, 2014. At the time scheduled for the hearing,
the parties agreed to further modifications of the probation order.
In January 2015 a new petition to revoke probation was filed based, among other
things, upon Warnick's arrest for possession of a controlled substance. (Health & Saf.
Code, § 11377, subd. (a).)
Following a contested hearing the court found Warnick in violation of probation.
The court revoked probation and imposed a four-year prison sentence. Warnick filed a
timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1970) 25
Cal. 3d 436 (Wende), indicating he is unable to identify any reasonably arguable issues for
reversal on appeal. Counsel asks this court to review the record for error as mandated by
Wende. We offered Warnick the opportunity to file his own brief on appeal, but he has
not responded.
STATEMENT OF FACTS
On July 14, 2014, law enforcement officers were called to the residence of
Warnick's 83-year-old mother, Edna Warnick. She reported that Warnick had shoved
her, knocked her to the ground and threatened to kill her.
Warnick refused the request to come out of the home and ultimately had to be
subdued and handcuffed to get him out of the house.
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On January 4, 2015, law enforcement again went to Edna Warnick's home where
Warnick was taken into custody for making threats to kill. Warnick was also found to be
in possession of a small amount of methamphetamine.
DISCUSSION
As we have indicated, appellate counsel has been unable to identify any
reasonably arguable issues for reversal on appeal and has asked this court to review the
record for error as mandated by Wende, supra, 25 Cal. 3d 436. Pursuant to Anders v.
California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible,
but not reasonably arguable issue to assist this court in its review of the record:
Whether the evidence at the probation revocation hearing was sufficient to prove
by a preponderance of the evidence that Warnick violated the terms of his probation.
We have reviewed the entire record pursuant to Wende, supra, 25 Cal. 3d 436 and
Anders, supra, 386 U.S. 738. We have been unable to identify any reasonably arguable
issue for reversal on appeal. Competent counsel has represented Warnick on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
NARES, J.
AARON, J.
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