Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. NA009164
THE COURT:Cherlyn Antoinette Davis appeals from the denial of her petition filed pursuant to Penal Code section 1203.4 (petition). Her appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On April 27, 2011, we notified petitioner of counsel’s brief and gave her leave to file, within 30 days, her own brief or letter stating any grounds or argument she might wish to have considered. That time has elapsed, and petitioner has submitted no brief or letter. We have reviewed the entire record, and finding no arguable issues, affirm the trial court’s order.
All further statutory references are to the Penal Code, unless otherwise indicated.
The only documents in the appellate record are a copy of the felony complaint in Los Angeles Superior Court case No. NA009164, filed November 7, 1991, the trial court’s minutes of December 2, 1991, the petition, proof of service of the petition upon the Los Angeles District Attorney, and the minutes of the recent proceedings. We find the record adequate for review.
In 1991, petitioner was charged by four-count felony complaint with the fraudulent sale or receipt and use of an access card with intent to defraud, and grand theft. Petitioner entered a certified plea. She was permitted to plead guilty or nolo contendere to one offense, and the trial court sentenced her to four months in county jail, with 42 days custody credit. She was placed on probation for three years, and ordered to report immediately to the Probation Department (Department). In addition, the trial court ordered her to pay $100 in restitution, refrain from associating with persons disapproved by the Department, support her dependents, maintain a residence approved by the Department, seek and maintain training, schooling, or employment, as approved by the Department, and obey all laws, as well as orders, rules and regulations of the court and the Department.
See section 859a.
The trial court’s minutes dated October 13, 2010, and January 14, 2011, indicate that petitioner was convicted of count one, a violation of section 484e, subdivision (c). However, the minutes also state, “For prior proceedings, see the manual register of actions, ” as well as, “No legal file.” No other document in the record establishes that petitioner’s conviction was for that felony or for some lesser offense.
On September 28, 2010, petitioner filed her petition, seeking to withdraw her guilty plea and have the case dismissed. Petitioner submitted no evidence to establish the necessary factual predicates for relief, and the trial court denied the motion. Petitioner filed a timely notice of appeal.
“Section 1203.4 provides that a defendant who ‘has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation’... is entitled as a matter of right to have the plea or verdict changed to not guilty, to have the proceedings expunged from the record, and to have the accusations dismissed. [Citation.] If the petitioner establishes either of the necessary factual predicates, the trial court is required to grant the requested relief. [Citations.]” (People v. Hawley (1991) 228 Cal.App.3d 247, 249-250, fn. and italics omitted.)
We conclude that defendant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
The order is affirmed.