Opinion
D075404
09-11-2019
THE PEOPLE, Plaintiff and Respondent, v. JASON RANDELL CLARKE, Defendant and Appellant.
Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. SCN359642) APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed. Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
In May 2016, Jason Randell Clarke entered into a plea agreement in which he pleaded guilty to cruelty to an elder (Pen. Code, § 368, subd. (b)(1)). The agreement included a grant of formal probation.
All further statutory references are to the Penal Code unless otherwise specified. --------
In July 2016, Clarke was placed on formal probation on various terms and conditions. The conditions included enrollment in a residential treatment program and that Clarke not use or possess any controlled substances.
In September 2017, Clarke admitted violating probation. He admitted using and possessing controlled substances. The court revoked probation and then reinstated probation on the same terms and conditions.
In February 2019, Clarke again admitted violations of probation. The court revoked probation and sentenced Clarke to the lower term of two-years in prison.
Clarke filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating she has not been able to identify any arguable issue for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Clarke the opportunity to file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
Clarke admitted he grabbed his elderly mother by the arm causing bruising.
DISCUSSION
As we have noted, counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436. Counsel asks this court to review the record for error as mandated by Wende. To assist this court in its review and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following issues for our consideration: 1) Was Clarke's plea valid; 2) should his conviction have been reduced to a misdemeanor; 3) was Clarke's admission of probation violation valid; and 4) should probation have been reinstated.
We have reviewed the entire record as mandated by Wende and Anders. We have not discovered any arguable issue for reversal on appeal. Competent counsel has represented Clarke on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J. WE CONCUR: O'ROURKE, J. IRION, J.