Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County. No. RIF153174 Stephen J. Gallon, Judge.
Martin Kassman, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ P.J.
The facts are taken from the testimony of Mellon and Castro. Defendant offered a somewhat different version in her testimony.
On October 1, 2009, defendant asked a friend of hers, Daniel Mellon, to drive her to the home of Christina Castro, who she said owed her $100 and some personal property. Castro was the daughter of Mellon’s girlfriend. Mellon agreed.
When they arrived at Castro’s house, defendant asked Mellon to knock on the front door because Castro would not open it for defendant. Mellon did so, identified himself, and Castro opened the door. Defendant then pushed her way past Mellon into the house.
Defendant and Castro began to argue about the disputed items, and Castro eventually told defendant to get out. Defendant said “You’ll have to call the cops, I’m not leaving.” Defendant went to the kitchen and picked up a pocket knife that belonged to Castro’s boyfriend. Defendant opened the knife and walked toward Castro with an angry look on her face. Castro stepped back because she was afraid. Defendant began to carve or slash a table with the knife.
Mellon came into the house, grabbed defendant and the knife, and said to her “What do you think you are doing?” Mellon was able to drag defendant out of the house, but she still had a hold on the knife. Castro closed the door and called 911.
On October 29, 2009, the People filed an information charging defendant with three felony counts—assault with a deadly weapon, attempted robbery and burglary—and one misdemeanor count of destroying property (Pen. Code, § 594, subd. (a)). The People moved to dismiss the felonies on January 26 and 28, 2010, and the court granted the motions.
All section references are to the Penal Code unless otherwise indicated.
On February 1, 2010, the People filed an amended information alleging two misdemeanor counts—trespassing (§ 602.5, subd. (b)) and brandishing a knife (§ 417, subd. (a)(1))—in addition to the three felonies and one misdemeanor alleged in the first information. The People explained that they were proceeding only on the three misdemeanors, and that the three felonies remained dismissed. The case proceeded to trial.
On February 3, 2010, a jury found defendant guilty on all three misdemeanor counts. On that same day, the trial court placed defendant on 36 months of summary probation, the conditions of which included serving 30 days in county jail. This appeal followed.
Discussion
After defendant appealed, and upon her request, this court appointed counsel to represent her. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but she has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
Disposition
The judgment is affirmed.
We concur: HOLLENHORST J., McKINSTER J.