Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Marin County Super. Ct. Nos. SC151166A & SC151838A.
Siggins, J.
Tiffany Barnfield appeals from a judgment and sentence after a guilty plea. Her court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 to determine whether there are any arguable issues on appeal. We find no such issues and affirm.
BACKGROUND
SC151166A
On December 19, 2006, San Rafael police officers stopped a car because it did not have proper registration tabs on the license plate. Defendant was driving the car and presented the officers a driver’s license in the name of Kendra Knowles. She admitted there was marijuana in the car and officers found burglary tools in the ensuing vehicle search. As it turned out, the vehicle was stolen, defendant was driving on a suspended license, she had two outstanding warrants and she later told officers she had a glass pipe in her panties. Officers recovered two bags of marijuana weighing 5.2 grams and 2.3 grams.
Defendant was charged with one felony count of unlawfully driving or taking a vehicle, one felony count of receiving a stolen vehicle, one misdemeanor count of possession of burglary tools, one misdemeanor count of driving with a suspended or revoked license, one misdemeanor count of giving false information to a peace officer, one misdemeanor count of unlawfully using a license, one misdemeanor count of possession of a smoking device, and one misdemeanor count of possession of marijuana while driving. The complaint alleged that defendant had sustained two prior felony convictions for unlawfully taking or driving a vehicle and that defendant was ineligible for probation.
SC151838A
On January 30, 2007, officers from the Marin County Sheriff’s Department contacted defendant at a self-storage facility as part of a burglary investigation. A witness had seen defendant in possession of a stolen vehicle at that location. Defendant identified herself by a false name. A search incident to her arrest revealed that defendant had a glass pipe containing a white/grey substance that presumptively tested positive for methamphetamine. Defendant was booked for these charges and three outstanding Marin County warrants.
Defendant was charged with one felony count of receiving stolen property, one felony count of auto theft with a prior, one misdemeanor count of giving false information to a peace officer, and one misdemeanor count of possession of a smoking device. This complaint also alleged that defendant was ineligible for probation and that she committed the new offenses while on bail on her own recognizance on felony charges in case number SC151166A.
Plea and Sentencing
Defendant entered guilty pleas in both cases. In case number SC151166A, she pleaded guilty to one felony count of unlawfully taking or driving a vehicle and admitted the enhancement for prior theft convictions. In case number SC151838A she pleaded guilty to one felony count of receiving stolen property. The court advised her of the rights she would waive by entry of the pleas and the potential consequences of her pleas and found an adequate factual basis for each guilty plea based on the prosecutor’s proffer and defense stipulation. The remaining charges in both cases were dismissed with defendant’s waivers pursuant to People v. Harvey (1979) 25 Cal.3d 754.
The probation department “guardedly” recommended the suspended imposition of an upper term sentence and a grant of probation in order for defendant to enroll in a residential substance abuse treatment program. The court rejected that recommendation and imposed an aggregate upper term sentence of four years, eight months, a $400 restitution fine, a suspended $400 parole revocation restitution fine and a $40 court security fee. Defendant was awarded 194 days’ credit for time served.
On June 12, 2007, the court held a hearing to determine whether defendant was a suitable candidate for a commitment to the California Rehabilitation Center (CRC). Defendant was advised that she would not receive conduct credits for time served at the CRC and that there was a possibility, but no guarantee, that she would be paroled early to something other than a locked prison environment. Defendant waived her rights to an examination, a hearing under Welfare and Institutions Code section 3051, and to any irregularity as to the filing of a commitment petition. The court found defendant was an addict, suspended criminal proceedings, and committed her to the CRC.
Defendant filed a timely notice of appeal.
DISCUSSION
Defendant’s counsel has represented that he advised defendant of his intention to file a Wende brief in this case and of her right to submit supplemental written argument on her own behalf. Defendant has not done so. Defendant has also been advised of her right to request that counsel be relieved. This court has reviewed the entire record on appeal. No issue requires further briefing.
DISPOSITION
The judgment is affirmed.
We concur:Pollak, Acting P.J., Horner, J.
Judge of the Alameda County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.