People v. Mustin CA2/6 ( 2024 )

Filed 5/30/24 P. v. Mustin CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX
THE PEOPLE, 2d Crim. No. B332404
(Super. Ct. No. 2021025620)
Plaintiff and Respondent, (Ventura County)
v.
JOSEPH SAMUEL MUSTIN,
Defendant and Appellant.
Joseph Samuel Mustin appeals from the judgment
sentencing him to state prison after the trial court found him in
violation of probation.
In 2021, Mustin entered a Walmart store, concealed
merchandise in his backpack, and ran out the door without
paying. When confronted by a store employee, he swung a
baseball bat in the air and yelled for employees to not stop him.
Mustin pleaded guilty to second degree robbery (Pen. Code,
§§ 211, 212.5, subd. (c)). The court placed him on two years’
probation with terms including 285 days in county jail.
In 2023, the court found Mustin in violation of probation.
The court terminated probation and sentenced him to prison for
the low term of two years. The court awarded credit for time
served of 324 days actual time plus conduct credit of 15 percent
(49 days) (Pen. Code, § 2933.1, subd. (c)).
We appointed counsel to represent Mustin in this appeal.
After counsel examined the record, she filed an opening brief that
raises no arguable issues. On March 22, 2024, appointed counsel
advised Mustin by mail that he had 30 days within which to file a
supplemental brief to raise any issues he wished us to consider.
We have not received a response.
We have reviewed the entire record and are satisfied that
Mustin’s attorney has fully complied with her responsibilities and
that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d
436, 441-443.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
BALTODANO, J.
We concur:
GILBERT, P. J. YEGAN, J.
2
Paul W. Baelly, Judge
Superior Court County of Ventura
______________________________
Gloria C. Cohen, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.