Opinion
A169342
06-25-2024
THE PEOPLE, Plaintiff and Respondent, v. BRITTANY HAMILTON, Defendant and Appellant.
NOT TO BE PUBLISHED
(Sonoma County Super. Ct. No. SCR758129-1)
BROWN, P. J.
On December 27, 2022, defendant Brittany Hamilton was placed on two years' probation after pleading no contest to one felony count of violating Penal Code section 530.5 (identity theft). After a contested probation violation hearing, the trial court revoked defendant's probation and sentenced her to the low term of 16 months in the county jail pursuant to section 1170, subdivision (h).
Defendant's appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 summarizing the facts and asking this court to independently review the record to identify any issues warranting relief. Defendant was advised of her right to file a supplemental brief, but failed to do so.
Finding no arguable issues, we will affirm.
DISCUSSION
Defendant's December 2022 grant of probation included conditions that she obey all laws, complete a residential drug treatment program, and report to probation within two working days of release from custody or treatment. On May 25, 2023, defendant admitted she violated the terms of her probation by owning, using, or possessing a controlled substance and associated paraphernalia, and by failing to report to probation within two days of her release from custody. The court revoked and then reinstated her probation on the same terms and conditions, and ordered that she remain in custody until a bed became available at the Salvation Army treatment program.
In October 2023, defendant was charged with a second violation of her probation. At the probation violation hearing on November 16, 2023, the probation officer testified as follows: On June 2, 2023, defendant was released from the county jail to a Salvation Army staff member who was to drive her to the program. The Salvation Army staff member reported that two people he had picked up from the jail that day had fled from his car when he stopped for gas. The Salvation Army had no record of Ms. Hamilton completing the intake or ever participating in the treatment program. While in custody on the probation violation in October 2023, defendant claimed to the probation officer that she had gone to the Salvation Army program but stayed only one week because she was being bullied by other residents. She had not been in touch with her probation officer for more than four months when she spoke with him while in custody.
The court's finding that defendant violated the terms and conditions of her probation was supported by sufficient evidence, and the court did not err in revoking defendant's probation and sentencing her to the low term on her identity theft conviction. Having reviewed the record pursuant to People v. Wende, supra, 25 Cal.3d 436, we find no issues requiring further briefing.
DISPOSITION
The judgment is affirmed.
WE CONCUR: STREETER, J., GOLDMAN, J.