Opinion
E072066
07-26-2019
THE PEOPLE, Plaintiff and Respondent, v. CHARNAE JENKINS, Defendant and Appellant.
David K. Rankin, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. FVI18003033) OPINION APPEAL from the Superior Court of San Bernardino County. Miriam Ivy Morton, Judge. Affirmed. David K. Rankin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL HISTORY
On October 18, 2018, a felony complaint charged defendant and appellant Charnae Jenkins with assault with a deadly weapon under Penal Code section 245, subdivision (a)(1) (count 1). The complaint also alleged that the offense was a serious felony within the meaning of Penal Code section 1192.7, subdivision (c).
On November 20, 2018, pursuant to a plea agreement, defendant pled no contest to a newly added charge of assault by means of force likely to produce great bodily injury under Penal Code section 245, subdivision (a)(4) (count 2). In exchange, the People agreed to dismiss count 1 and two other non-related misdemeanor cases with waivers under People v. Harvey (1979) 25 Cal.3d 754. The parties also agreed to a stipulated sentence of two years, with half-time credits. Defendant agreed to receive a total of 69 days of custody credits, and agreed to waive a probation report.
Thereafter, the trial court dismissed the balance of the felony complaint, and the misdemeanor cases. The court then sentenced defendant to the mitigated term of two years in state prison, with 69 days of credit for time served. The court then referred the matter to the probation department to conduct an investigation under Penal Code section 1203, subdivision (c).
On January 25, 2019, defendant filed a timely notice of appeal "based on the sentence or other matters occurring after the plea that do not affect the validity of the plea." In a document attached to the appeal, defendant stated: "I'm sending in this appeal because I feel that I should have been granted probation."
B. FACTUAL HISTORY
The parties stipulated that the complaint and police reports would serve as factual basis for defendant's plea. On or about October 17, 2018, defendant willfully assaulted the victim by means of force likely to produce great bodily injury when defendant drove her car onto the front yard of a residence in Needles, California.
DISCUSSION
After defendant appealed, and upon her request, this court appointed counsel to represent her. On May 13, 2019, counsel filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record. We offered defendant an opportunity to file a personal supplemental brief, but she has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no error.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
Acting P. J. We concur: FIELDS
J. RAPHAEL
J.