People v. Mashek CA1/4 ( 2023 )

Filed 12/22/23 P. v. Mashek CA1/4
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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE,
Plaintiff and Respondent,
A168322
v.
GORDON EARLE MASHEK, (Solano County Super. Ct.
No. VCR235161)
Defendant and
Appellant.
Gordon Earle Mashek appeals the sentence imposed by the
trial court after the court found he had violated the terms of his
probation. After a contested hearing, the court sentenced
Mashek to a low term of two years on count two (a violation of
Health and Safety Code1 section 11379, subdivision (a)), with a
term of two years on count one (a violation of section 11378)
running concurrently.
Mashek’s appointed counsel filed a brief pursuant to People
v. Wende (1979) 25 Cal.3d 436 (Wende) summarizing the facts
and asking this court to independently review the record to
identify any issues warranting relief. Mashek filed a
1 All undesignated statutory references are to the Health
and Safety Code.
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supplemental brief asking this court to “reconsider” his sentence,
admitting his violation but arguing that his offense was non-
violent and mitigated by his stable residence and prior
employment.
Finding no arguable issues, we will affirm.
DISCUSSION
In May 2021, Mashek entered no contest pleas to counts
one and two of the information in exchange for dismissal of
enhancing allegations relating to his prior felony drug
convictions. In July 2021, pursuant to the plea deal, the court
suspended sentence and placed him on a two-year term of
probation with conditions, including serving one day in custody
with one day of credit for time served.
After being placed on probation, Mashek missed numerous
appointments with his assigned probation officer. The
department filed a request that the court summarily revoke
Mashek’s probation; the court did so, simultaneously issuing a
bench warrant on September 18, 2021. Mashek thereafter
repeatedly failed to appear in court notwithstanding promises to
appear.
At the probation violation hearing, a probation officer
testified as to Mashek’s failure to keep in touch with the
department and his failure to appear for multiple appointments.
The court found Mashek had violated the terms of his probation,
and noted that his underlying offenses of conviction included
being arrested with two pounds of methamphetamine after
multiple prior felony drug convictions.
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The court revoked Mashek’s probation, and with no
objection from defense counsel, imposed the low term of two years
on count 2 and two years on count 1, running concurrently. The
court waived all fines and fees.
The court’s findings and sentence were appropriately
supported by Mashek’s conduct and history. Having reviewed the
supplemental brief and record pursuant to People v. Wende, supra,
25 Cal.3d 436, we find no issues requiring further briefing.
DISPOSITION
The judgment is affirmed.
BROWN, P. J.
WE CONCUR:
STREETER, J.
GOLDMAN, J.
People v. Mashek (A168322)
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