People v. Bowermaster CA2/6 ( 2024 )

Filed 10/15/24 P. v. Bowermaster 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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. B336087
(Super. Ct. No. 23CR01738)
Plaintiff and Respondent, (Santa Barbara County)
v.
CHARLES EUGENE
BOWERMASTER,
Defendant and Appellant.
Charles Eugene Bowermaster appeals the trial court’s
order revoking probation and sentencing him to two years in
state prison after he violated the terms of his probation. In the
Notice of Appeal, appellant challenges the sentence as deviating
from his negotiated plea agreement. The trial court granted
appellant’s request for a Certificate of Probable Cause.
We appointed counsel to represent appellant in this appeal.
After an examination of the record, counsel filed an opening brief
that raises no arguable issues. On August 14, 2024, we notified
appellant by mail that he had 30 days within which to personally
submit any contentions or issues he wished us to consider. The
30 days have since passed, and appellant has not presented any
contentions or issues for our consideration.
In March 2023, a Santa Barbara County deputy sheriff
contacted appellant outside a Starbucks store. Appellant
appeared intoxicated and, when questioned by the deputy, he
admitted having approximately $1000 worth of marijuana in his
possession. The deputy searched appellant’s two backpacks and
found three to four pounds of marijuana.
Appellant was charged with felony possession of marijuana
for sale after having been previously convicted two or more times
for the same offense (Health & Saf. Code, § 11359, subd. (c)(2)),
and misdemeanor disturbing the peace (Pen. Code, § 415(2)).
Two prior convictions for attempted criminal threats were alleged
as prior “strikes.” (Pen. Code, §§ 667, 1170.12.) Appellant
pleaded guilty to both charges and admitted the prior conviction
allegations. The trial court struck the “strike” priors, suspended
imposition of sentence, and placed appellant on probation for two
years subject to terms and conditions.
Several months later, appellant admitted violating
probation. The trial court subsequently revoked probation and
sentenced appellant to two years in state prison and 90 days in
county jail.
We have reviewed the entire record and are satisfied that
appellant’s attorney fully complied with his responsibilities and
that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d
436.)
Disposition
The judgment (order revoking probation and imposing
sentence) is affirmed.
2
NOT TO BE PUBLISHED.
YEGAN, Acting P. J.
We concur:
BALTODANO, J.
CODY, J.
3
Brian E. Hill, Judge
Superior Court County of Santa Barbara
______________________________
Richard B. Lennon, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Respondent.