People v. Strain CA2/8 ( 2024 )

Filed 1/31/24 P. v. Strain CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
THE PEOPLE, B330569
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. VA152839)
v.
KIARA STRAIN,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of Los
Angeles County. Joseph R. Porras, Judge. Affirmed.
Richard B. Lennon, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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Defendant and appellant Kiara Strain, along with two
codefendants, stole numerous items from a JCPenney store in
January 2020. Defendant was charged with organized retail
grand theft (Pen. Code, § 490.4, subd. (a); count 1) and grand
theft (§ 487, subd. (a); count 2). Defendant failed to appear at her
arraignment and a bench warrant was issued.
Defendant eventually was returned to custody. She agreed
to plead no contest to count 1. Defendant signed a felony
advisement of rights, waiver and plea form. The trial court
accepted defendant’s waivers on the record and found them to be
knowingly, voluntarily and intelligently made. Counsel
stipulated to a factual basis for the plea and concurred in the
plea. The court found defendant guilty on count 1 and dismissed
count 2 in accordance with the terms of the plea agreement. The
court suspended imposition of sentence and ordered defendant to
serve 24 days in county jail with credit for time served, and
placed her on two years of formal probation, according to various
terms and conditions. Defendant was ordered to pay various
fines and to pay restitution in the amount of $948 to JCPenney.
This appeal followed. We appointed appellate counsel to
represent defendant. Defendant’s appointed counsel, Richard B.
Lennon, filed a brief pursuant to People v. Wende (1979)
25 Cal.3d 436 in which no issues were raised. The Wende brief
included a declaration from Mr. Lennon in which he explained
that he advised defendant he would be filing a Wende brief,
forwarded the brief and the record to defendant, advised her of
her right to file a supplemental brief and her right to discharge
him as her attorney. Mr. Lennon also stated his availability to
brief, upon request, any issues we may have following our
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independent review of the case. Defendant did not file a
supplemental brief.
We have examined the entire record of proceedings
submitted to this court and are satisfied that appointed counsel
fully complied with his responsibilities. We find no arguable
appellate issues.
DISPOSITION
The judgment of conviction is affirmed.
GRIMES, Acting P. J.
WE CONCUR:
WILEY, J.
VIRAMONTES, J.
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