Opinion
H045922
07-24-2019
THE PEOPLE, Plaintiff and Respondent, v. LINDA YVETTE FISHER, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. Nos. F1453405; C1479737)
Defendant Linda Yvette Fisher appeals from a judgment sentencing her to two years in county jail for grand theft and drug possession after felony probation was revoked in two cases. Appointed counsel filed a brief raising no issues. (Nor did counsel's brief provide a factual summary and accurate summary of the case's procedural history.) We notified defendant of her right to submit written argument on her own behalf and received no response. We have reviewed the entire record and find no arguable appellate issue. We therefore briefly describe the underlying proceedings and will affirm the judgment. (See People v. Wende (1979) 25 Cal.3d 436, 440-441; People v. Kelly (2006) 40 Cal.4th 106, 110.)
Defendant was charged in 2014 (case No. C1479737) with possessing a controlled substance (methamphetamine) in a correctional facility (Pen. Code, § 4573.6). Defendant pleaded no contest to that single count. The trial court suspended imposition of sentence and placed defendant on three years' felony probation, which included conditions to obey all laws and serve eight months in county jail.
Defendant was charged with grand theft from a person (Pen. Code, § 487, subd. (a)) later in 2014 (case No. F1453405) after she was observed on surveillance footage stealing a purse from a bar. She pleaded no contest to that charge in 2015, and admitted a violation of probation in case No. C1479737 based on the new conviction. The trial court suspended imposition of sentence in case No. F1453405, placed defendant on felony probation in that case, and reinstated probation in case No. C1479737. The court ordered defendant to serve an additional eight months in county jail as a condition of probation in case No. F1453405. Defendant violated probation multiple times in 2016 and 2017, and probation was revoked and reinstated in both cases in 2017.
Defendant's probation was again revoked in 2018 for failing to provide the probation department her address and proof of employment. She admitted the violations and accepted the court's indicated sentence of two years in county jail to resolve both case No. C1479737 and case No. F1453405. The trial court imposed the middle term of two years for grand theft (Pen. Code, §§ 487, subd. (a); 489, subd. (c)) and a concurrent two-year lower term for possessing a controlled substance in a correctional facility (Pen. Code, § 4573.6, subd. (a)). It awarded 300 days of presentence credit, based on 150 actual days and 150 days' conduct credit (Pen. Code, § 4019), and ordered defendant to pay previously suspended probation revocation fines (Pen. Code, § 1202.44) totaling $600.
DISPOSITION
The judgment is affirmed.
/s/_________
Grover, J.
WE CONCUR:
/s/_________
Greenwood, P. J. /s/_________
Bamattre-Manoukian, J.