People v. Taylor CA4/1 ( 2024 )

Filed 10/16/24 P. v. Taylor CA4/1
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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D082873
Plaintiff and Respondent,
v. (Super. Ct. No. SCE419660)
ROBERT TAYLOR,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County,
Kathleen M. Lewis, Judge. Affirmed.
Larenda R. Delaini, under appointment by the Court of Appeal, for
Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Robert Taylor pleaded guilty to one count of carrying a dirk or dagger
(Pen. Code,1 § 21310) with the understanding Taylor would be placed on
probation and released from custody. Taylor was placed on formal probation
1 All statutory references are to the Penal Code.
as agreed. The probation order restricted Taylor’s access to marijuana and
required him to stay away from a specific gas station in Lemon Grove.
Taylor filed a notice of appeal.
While the appeal was pending, the court revoked Taylor’s probation
and sentenced him to a two-year prison term to be served concurrently with a
sentence in another case.
Appellate counsel has filed a brief pursuant to People v. Wende (1979)
25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any
arguable issues for reversal on appeal. Counsel asks the court to
independently review the record for error as required by Wende.
We offered Taylor the opportunity to file his own brief on appeal, but he
has not responded.
The facts of the offense underlying the guilty pleas are not relevant to
this appeal. We will not include a statement of facts in this opinion.
DISCUSSION
As we have noted, appellate counsel has filed a Wende brief and asks
the court to review the record for error. To assist the court in its review, and
in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel
has identified three possible issues that were considered in evaluating the
potential merits of this appeal:
1. Whether the court abused its discretion in imposing conditions of
probation.
2. Whether the minute order granting probation should be amended
to conform with the oral pronouncement of the order.
3. Whether the probation issues are now moot because the court
terminated probation when it sentenced Taylor to prison.
2
We have reviewed the record for error as required by Wende and
Anders. We have not discovered any arguable issues for reversal on appeal.
Competent counsel has represented Taylor on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J.
WE CONCUR:
McCONNELL, P. J.
CASTILLO, J.
3