Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County. Super. Ct. No. BF104133A Stephen P. Gildner, Judge.
Deborah L. Hawkins, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Harris, Acting P.J., Levy, J. and Dawson, J.
STATEMENT OF THE CASE
On October 16, 2003, the Kern County District Attorney filed a complaint charging appellant with one count of arson (Pen. Code, § 451, subd. (b)), a serious felony (§ 1192.7, subd. (c)(14)).
On the same date, appellant was arraigned and pleaded not guilty.
On October 28, 2003, the court granted appellant’s motion to suspend criminal proceedings for a determination of her mental competency (Pen. Code, § 1368).
On November 25, 2003, the court granted a defense motion for appointment of a second doctor to evaluate appellant.
On January 2, 2004, the court determined appellant was not competent to stand trial or to cooperate with counsel and referred her to Kern County Mental Health for recommendation and evaluation (Pen. Code, § 1370).
On February 3, 2004, the court committed appellant to the Department of Mental Hygiene at Patton State Hospital for a maximum term of commitment of three years with 113 days of custody credits.
On January 27, 2005, the court determined appellant was presently competent to stand trial and to cooperate with counsel and reinstated criminal proceedings.
On February 8, 2005, appellant entered into a plea agreement with the prosecution, pleaded nolo contendere to the count of arson, and agreed to service of no more than one year in county jail as a term of felony probation, among other conditions.
On March 10, 2005, the court suspended imposition of sentence and placed appellant on formal probation for a term of three years subject to service of one year in county jail. The court also awarded appellant 513 days of custody credits, directed appellant to register as an arson offender (Pen. Code, § 457.1, subd. (b)), and ordered appellant to provide samples of bodily prints and fluids (§ 296). The court imposed a $200 restitution fine (§ 1202.4, subd. (b)), imposed and suspended a second such fine pending successful completion of probation (§ 1202.44), and ordered appellant to pay a $20 court security fee (§ 1465.8).
On April 6, 2005, the court filed terms and conditions of probation signed by appellant on March 29, 2005.
On June 28, 2006, the court revoked appellant’s probation for failure to appear at a scheduled violation-of-probation hearing and issued a bench warrant for her arrest.
On July 12, 2006, appellant was arraigned on the violation of probation, defense counsel denied the violation, and the court revoked appellant’s probation.
On August 3, 2006, the court conducted a formal revocation hearing, appellant admitted the violation of probation, and the court reinstated and modified appellant’s probation. The court ordered appellant to complete a mental health court program and treatment program as directed by the probation officer. The court further ordered appellant to take psychiatric medications as prescribed by the treating physician and to abstain from the use of intoxicating liquors and controlled substances. The court awarded 39 days of credits, ordered appellant to pay a $200 probation violation restitution fine, and suspended that fine pending successful completion of probation (Pen. Code, § 1202.44).
On August 24, 2006, the court again arraigned appellant for a violation of probation. On August 31, 2006, appellant requested a formal hearing.
On September 28, 2006, the court conducted a formal revocation hearing and found appellant in violation of probation.
On October 2, 2006, the court reinstated probation and directed appellant to seek treatment with the Department of Mental Health until successfully terminated by that department or by the probation department.
On December 8, 2006, the court arraigned appellant on another violation of probation. On December 15, 2006, appellant requested a formal hearing.
On January 8, 2007, the court conducted a formal revocation hearing, found appellant in violation of probation, denied appellant probation, and sentenced her to the lower term of three years in state prison. The court awarded 808 days of custody credits, imposed a $200 restitution fine, imposed and suspended a second such fine pending successful completion of parole, ordered payment of a court security fee (Pen. Code, § 1465.8), and declared the previously-suspended probation violation restitution fine of $200 to be due and payable (§ 1202.44).
On February 27, 2007, appellant filed a timely notice of appeal based on the sentence or other matters occurring after her plea.
STATEMENT OF FACTS
Facts Underyling the Substantive Offense
The following facts are taken from the probation officer’s report filed March 10, 2005:
“On October 14, 2003, at approximately 11:00 a.m., fire department personnel were dispatched to a structure fire at ... Lotus Lane, the home of the defendant, Lennett Baker. Upon arrival, the firemen noticed a single family residence involved with fire and smoke. The defendant was confirmed as being detained by the police department and two other persons who were in the house had been transported to the hospital to be treated for smoke inhalation.
“After eliminating all accidental causes of ignition, the fire investigator determined the origin of the fire was a purposely set fire which was around a double bed located in one of the bedrooms. It could only have been started by an open flame device, such as a match or cigarette lighter. The second point of origin also appeared to have been purposely set in a pile of cardboard boxes filled with miscellaneous combustible items. This fire broke out the front window due to the high degree of heat. The investigator determined this fire could have only been started in the same manner as the first fire. The third point of origin was determined to be a blue barrel filled with trash in the middle of the room, up against an exterior wall. It was filled with paper and appeared the fire had gone out prior to the fire department’s arrival. It also was believed to have been started purposely.”
Facts Underlying Violations of Probation
In a declaration letter filed June 20, 2006, Deputy Probation Officer Mesha D. Elliott reported appellant failed to report monthly as directed between March 10, 2005 and March 1, 2006. In a declaration letter filed August 23, 2006, Deputy Probation Officer Greg B. Gause reported appellant violated the terms of probation by using methamphetamine and by consuming alcohol on or about August 21 and 22, 2006. In a declaration letter filed December 7, 2006, Deputy Probation Officer Jason Pratt reported appellant failed to follow a specific court order to report to the probation department on October 4, 2006. Deputy Probation Officer Pratt further reported that appellant admitted smoking marijuana on December 5, 2006.
DISCUSSION
Appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) By letter of February 28, 2008, this court invited appellant to submit additional briefing and state any grounds of appeal she may wish this court to consider. Appellant has not done so. Our independent review discloses no reasonably arguable appellate issues. “[A]n arguable issue on appeal consists of two elements. First, the issue must be one which, in counsel’s professional opinion, is meritorious. That is not to say that the contention must necessarily achieve success. Rather, it must have a reasonable potential for success. Second, if successful, the issue must be such that, if resolved favorably to the appellant, the result will either be a reversal or a modification of the judgment.” (People v. Johnson (1981) 123 Cal.App.3d 106, 109.)
DISPOSITION
The judgment is affirmed.