People v. Tucker CA2/5 ( 2023 )


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  • Filed 5/4/23 P. v. Tucker CA2/5
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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    has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE
    THE PEOPLE,                                                     B324375
    Plaintiff and Respondent,                             (Los Angeles County
    Super. Ct. No. BA458694)
    v.
    KEISHA TUCKER,
    Defendant and Appellant.
    APPEAL from an order of the Superior Court of Los
    Angeles County, Ray G. Jurado, Judge. Dismissed.
    Richard B. Lennon, under appointment by the Court of
    Appeal, for Defendant and Appellant.
    No appearance for Plaintiff and Respondent.
    ___________________________
    Keisha Tucker appeals from a judgment that sentences her
    to 15 years to life in state prison following her plea of no contest
    to second degree murder. Tucker’s appellate counsel has filed a
    brief pursuant to People v. Wende (1979) 
    25 Cal.3d 436
     (Wende).
    Tucker has filed a supplemental letter brief indicating she did not
    wish to pursue her appeal. We therefore dismiss the appeal as
    abandoned.
    FACTUAL AND PROCEDURAL BACKGROUND
    On June 27, 2017, Tucker set several fires at a transitional
    living facility where 17-year-old Elijah Robinson and his older
    brother, Marquise Larrimore, lived. Robinson died in the fire.
    Tucker was charged by information with murder (count 1; Pen.
    Code, 187, subd. (a)) and arson of an inhabited structure (count
    2; § 451, subd. (b)).
    The criminal proceedings against Tucker were twice
    suspended when a doubt was expressed concerning her
    competency to stand trial pursuant to Penal Code section 1368.
    The proceedings were reinstated after Tucker was treated and
    the court found Tucker competent. Tucker ultimately pleaded no
    contest to second degree murder. The trial court sentenced her to
    15 years to life pursuant to the plea agreement reached by the
    parties. Counsel for Tucker timely filed a notice of appeal.
    We appointed counsel to represent Tucker on appeal. Her
    appointed counsel filed a Wende brief, in which no issues were
    raised. The brief included a declaration from counsel that he had
    reviewed the record and sent Tucker a letter advising her that
    such a brief would be filed and she could file a supplemental
    brief. On February 22, 2023, this court also sent defendant a
    letter advising her that a Wende brief had been filed and that she
    2
    had 30 days to submit a brief raising any issues she wanted this
    court to consider.
    On February 26, 2023, Tucker submitted the following
    letter to the court: “Why am I broke? I did not appeal my case. I
    just [want] my restitution. If I’m say[ing] it right or spelling it
    right. Pleas[e] let me know. I have all these paper from your
    office. I [am] requesting help with the print.” Because Tucker
    has indicated she does not want to pursue her appeal, we dismiss
    the matter as abandoned. (See Cal. Rules of Court, rule 8.316(a)
    [“An appellant may abandon the appeal at any time by filing an
    abandonment of the appeal signed by the appellant or the
    appellant's attorney of record.”].)
    Nonetheless, we have examined the entire record and are
    satisfied that Tucker’s attorney fully complied with his
    responsibilities and that no arguable issues exist. (Smith v.
    Robbins (2000) 
    528 U.S. 259
    ; Wende, supra, 
    25 Cal.3d 436
    .)
    DISPOSITION
    The appeal is dismissed.
    RUBIN, P. J.
    WE CONCUR:
    MOOR, J.
    KIM, J.
    3
    

Document Info

Docket Number: B324375

Filed Date: 5/4/2023

Precedential Status: Non-Precedential

Modified Date: 5/4/2023