Opinion
B278954
06-23-2017
THE PEOPLE, Plaintiff and Respondent, v. JENNIFER BURKE, Defendant and Appellant.
Donna Ford, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. PA075233) APPEAL from a judgment of the Superior Court of Los Angeles County, Christine Ewell, Judge. Affirmed. Donna Ford, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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Defendant Jennifer Burke appeals from a judgment imposing a previously suspended four-year sentence. On appeal, defendant's counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, stating that no arguable issue exists and requesting that this court independently review the record. We have reviewed the entire record and find no arguable issue. We affirm the judgment.
BACKGROUND
On June 20, 2013, in case PA075233, defendant pled no contest to possession of a controlled substance and simultaneous possession of a firearm (Health & Saf. Code, § 11370.1). The court found defendant knowingly and intelligently waived her constitutional rights. Defendant was placed on probation and ordered to serve 270 days in county jail.
In July 2014, defendant was found to have violated the terms of her probation. The court imposed a four-year sentence and suspended its execution. The court reinstated probation.
Subsequently, defendant was twice convicted of possession (LA073573 and LA072779). The convictions were reduced from felonies to misdemeanors.
At the contested probation hearing on case PA075233, Officer Dylan Wells testified for the prosecution, and defendant testified in her defense. The trial court found defendant lacked credibility. According to Officer Wells, on July 27, 2016, he arrested defendant for trespassing. Defendant was carrying illegal narcotics in her bag at the time. She also was carrying a scale of the type of used when narcotics are illegally sold. Defendant gave Wells a false name.
Following the hearing, the court terminated probation and imposed the previously suspended four-year sentence. Defendant appealed from the judgment in PA075233. As noted her counsel filed a brief pursuant to People v. Wende, supra, 25 Cal.3d 436. Defendant did not file a supplemental brief.
Regarding cases LA073573 and LA072779 the court sentenced defendant to credit for time served. Another misdemeanor charge was dismissed following a motion by the prosecutor. --------
DISCUSSION
We have reviewed the entire record and find no arguable issue on appeal and are satisfied that defendant's attorney has fully complied with the responsibilities of counsel. (Smith v. Robbins (2000) 528 U.S. 259, 278; see People v. Kelly (2006) 40 Cal.4th 106, 111; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
FLIER, J. WE CONCUR:
BIGELOW, P. J.
RUBIN, J.