People v. May CA4/1 ( 2014 )


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  • Filed 1/24/14 P. v. May CA4/1
    NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.
    COURT OF APPEAL, FOURTH APPELLATE DISTRICT
    DIVISION ONE
    STATE OF CALIFORNIA
    THE PEOPLE,                                                         D062973
    Plaintiff and Respondent,
    v.                                                         (Super. Ct. No. SCN290287)
    CHARLOTTE MAY,
    Defendant and Appellant.
    APPEAL from a judgment of the Superior Court of San Diego County,
    Adrienne A. Orfield, Judge. Affirmed.
    Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and
    Appellant.
    No appearance by Respondent.
    In October 2011, Charlotte May pled guilty to possessing a firearm within 10
    years of being convicted of violating Penal Code1 section 422 (criminal threats)
    1        All further statutory references are to the Penal Code unless otherwise specified.
    (§ 12021, subd. (c)(1)). On March14, 2012, the court reduced the offense to a
    misdemeanor and sentenced May to probation.
    On June 28, 2012, May admitted violating probation. The court reinstated
    probation on modified terms and conditions.
    May filed a timely notice of appeal. May did not obtain a certificate of probable
    cause.
    Counsel has filed a brief pursuant to People v. Wende 
    25 Cal.3d 436
     (Wende) and
    Anders v. California (1967) 
    386 U.S. 738
     (Anders) raising possible but not arguable
    issues. We offered May the opportunity to file her own brief on appeal but she has not
    responded.
    STATEMENT OF FACTS
    The facts of the underlying offense are not relevant to this appeal. The "facts" of
    this appeal relate to the terms of the grant of probation and the original probation order
    and the acts leading to violation of probation.
    The March 2012 grant of probation required that May not violate any laws except
    minor traffic offenses. In June 2012, May pled guilty to driving on a suspended license
    (Veh. Code, § 14601.1, subd. (a)), a misdemeanor.
    DISCUSSION
    As we have previously noted, appellate counsel has filed a brief indicating he is
    unable to identify any arguments for reversal and asks this court to review the record for
    error as mandated by Wende, supra, 
    25 Cal.3d 436
    . Pursuant to Anders, 
    supra,
     
    386 U.S. 738
    , the brief identifies the possible, but not arguable issue:
    2
    1. Whether this appeal is proper without obtaining a certificate of probable cause?
    We have reviewed the entire record in accordance with Wende, supra, 
    25 Cal.3d 436
     and Anders, 
    supra,
     
    386 U.S. 738
     and have not found any reasonably arguable
    appellate issues. Competent counsel has represented May on this appeal.
    DISPOSITION
    The judgment is affirmed.
    HUFFMAN, J.
    WE CONCUR:
    BENKE, Acting P. J.
    IRION, J.
    3
    

Document Info

Docket Number: D062973

Filed Date: 1/24/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021