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People v. Burke

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT
Jun 23, 2017
B278954 (Cal. Ct. App. Jun. 23, 2017)

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

* * * * * *

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.


Summaries of

People v. Burke

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT
Jun 23, 2017
B278954 (Cal. Ct. App. Jun. 23, 2017)
Case details for

People v. Burke

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JENNIFER BURKE, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

Date published: Jun 23, 2017

Citations

B278954 (Cal. Ct. App. Jun. 23, 2017)