People v. Liggins CA2/1 ( 2014 )


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  • Filed 10/29/14 P. v. Liggins CA2/1
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication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 ONE
    THE PEOPLE,                                                          B255561
    Plaintiff and Respondent,                                   (Los Angeles County
    Super. Ct. No. MA061441)
    v.
    JAMES LIGGINS,
    Defendant and Appellant.
    APPEAL from an order of the Superior Court of Los Angeles County. Daviann L.
    Mitchell, Judge. Affirmed.
    Lenore De Vita, under appointment by the Court of Appeal, for Defendant and
    Appellant.
    No appearance for Plaintiff and Respondent.
    ____________________________________
    This is an appeal from an order terminating Liggins’s probation and imposing the
    previously suspended sentence.
    We appointed counsel to represent appellant in this matter. After examining the
    record, counsel filed a “Wende” brief raising no issues on appeal and requesting that we
    independently review the record. (People v. Wende (1979) 
    25 Cal.3d 436
    .) We directed
    appointed counsel to immediately send the record on this appeal and a copy of the opening
    brief to appellant and notified appellant that within 30 days from the date of the notice he
    could submit by brief or letter any grounds of appeal, contentions or argument he wished us
    to consider. We received no response from appellant.
    We have examined the entire record and are satisfied that appellant’s attorney has
    fully complied with her responsibilities and that no arguable issue exists. (People v. Wende,
    supra, 25 Cal.3d at p. 441.) We set out below a brief description of the facts and procedural
    history of the case, the crimes of which the appellant was convicted, and the punishment
    imposed. (People v. Kelly (2006) 
    40 Cal.4th 106
    , 110.)
    In December 2013, Liggins pleaded no contest to one count of receiving stolen
    property. The court sentenced him to an aggregate term of five years, suspended the
    sentence and placed Liggins on three years formal probation. The following month sheriff’s
    deputies detained Liggins and conducted a probation compliance search of his person and his
    backpack. The search produced two blank checks and a transit system debit card—none of
    these items bore Liggins’s name. Liggins told the deputies the checks were stolen by another
    person who gave them to him. The deputies arrested Liggins.
    At his probation revocation hearing Liggins testified that a friend had given him the
    transit card and he found the checks in a garbage can when he was scavenging. The court
    did not credit Liggins’s explanation. It found him in violation of the probation condition that
    he obey all laws, revoked his probation and imposed the five-year sentence. We find no
    ground for reversing that ruling.
    2
    DISPOSITION
    The judgment is affirmed.
    NOT TO BE PUBLISHED.
    ROTHSCHILD, P. J.
    We concur:
    JOHNSON, J.
    
    MILLER, J.
    
    Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to
    article VI, section 6 of the California Constitution.
    3
    

Document Info

Docket Number: B255561

Filed Date: 10/29/2014

Precedential Status: Non-Precedential

Modified Date: 4/17/2021