Opinion
C096255
10-04-2023
THE PEOPLE, Plaintiff and Respondent, v. JEREMY EPHRIAM CARTER, Defendant and Appellant.
NOT TO BE PUBLISHED
(Super. Ct. Nos. 18F2884, 20F6513)
EARL, P. J.
Appointed counsel for defendant Jeremy Ephriam Carter, asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
I
On August 8, 2018, defendant pled guilty to felony assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)) in Shasta County Superior Court case No. 18F2884 (the Assault Case), and in exchange, defendant received informal probation, the remaining count was dismissed, and defendant would have the opportunity to have the charge reduced to a misdemeanor under specified circumstances.
Undesignated statutory references are to the Penal Code.
On July 22, 2020, defendant pled no contest to certain pending law violations in two other matters and admitted that his conviction on these crimes violated his informal probation. As part of the plea agreement, the court modified his supervision to formal probation and extended his probation period in the Assault Case.
On October 7, 2020, the district attorney filed a complaint in Shasta County Superior Court case No. 20F6513 (the Robbery Case) alleging defendant committed three counts of second degree robbery (§ 211) and alleging that a principal in the robberies had been armed with a firearm (§ 12022, subd. (a)(1)). The same day, the district attorney filed a petition alleging defendant had violated his probation by committing new crimes, including robbery. Defendant was held to answer following the preliminary hearing.
The Robbery Case was tried to a jury on the theory defendant had aided and abetted his codefendant Deshawn Young-Dabney in robbing the three convenience stores. Defendant countered that he had been acting under duress and involuntary intoxication. Ultimately, the jury found defendant guilty of three counts of the lesser included offenses of petty theft (§ 484) and found not true the enhancing allegations that a principal had been armed (§ 12022, subd. (a)(1)) for these counts. In light of these verdicts, the trial court determined defendant had violated his probation in the Assault Case.
Thereafter on April 22, 2022, the trial court denied defendant's request to be reinstated on probation and sentenced defendant to the low term of two years for the Assault Case and three concurrent terms of 60 days each for the Robbery Case with credit for 71 actual days, plus 70 conduct days for a total of 141 days of custody credits in the Assault Case. Defendant timely appealed.
II
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: MESIWALA, J. KEITHLEY, J. [*]
[*] Judge of the Butte County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.