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People v. Kaake

California Court of Appeals, First District, Third Division
Feb 17, 2011
No. A127745 (Cal. Ct. App. Feb. 17, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. TAMMY KAAKE, Defendant and Appellant. A127745 California Court of Appeal, First District, Third Division February 17, 2011

NOT TO BE PUBLISHED

City & County of San Francisco Super. Ct. No. 200810

SIGGINS, J.

Tammy Kaake appeals from a finding that she violated probation. Counsel has briefed no issues and asks for our review of the record of the proceedings. (People v. Wende (1979) 25 Cal.3d 436.) Despite receiving two extensions of time to do so, Kaake has not filed a supplemental brief. We have reviewed the record and affirm.

A January 2007 information charged Kaake with possession for sale of methamphetamine. Following a jury trial, Kaake was acquitted of possession for sale, but convicted of the lesser included offense of possession of methamphetamine. She was placed on probation under Penal Code section 1210.1 (Proposition 36) in March 2009.

A few months later, the district attorney filed a petition to revoke Kaake’s probation after police officers found her in possession of 2.98 grams of methamphetamine and 1.4 grams of marijuana, along with a digital scale and a number of small plastic bags. One of the officers, who was qualified as an expert in sales and possession for sale of narcotics, testified that based on the quantity of methamphetamine and the presence of the baggies and scale, Kaake likely possessed the methamphetamine for sale. Kaake testified she bought the methamphetamine the day of her arrest and planned to share it with friends. The trial court rejected Kaake’s testimony, found her ineligible for Proposition 36, and in violation of probation based on her possession of methamphetamine for sale.

Kaake was reinstated to probation on the condition that she serve one year in county jail (with 151 days of credit for time served). Kaake was also directed to participate in the synergy program while in custody, and a 90-day woman’s reentry program upon her release. Kaake timely appealed.

Kaake’s probation was also extended to March 28, 2012, and a second motion to revoke probation, filed in September 2009, was dismissed.

Kaake was represented by counsel during the probation revocation proceedings, and she received a fair hearing. The court’s finding that she willfully violated probation is supported by substantial evidence, and the court did not abuse its discretion when it reinstated probation on modified terms. Appellate counsel advised Kaake of her right to file a supplemental brief in this court within 30 days of the opening brief, but no supplemental brief has been filed. Full review of the record reveals no issue that requires further briefing.

DISPOSITION

The orders of the trial court are affirmed.

We concur: McGuiness, P.J., Pollak, J.


Summaries of

People v. Kaake

California Court of Appeals, First District, Third Division
Feb 17, 2011
No. A127745 (Cal. Ct. App. Feb. 17, 2011)
Case details for

People v. Kaake

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. TAMMY KAAKE, Defendant and…

Court:California Court of Appeals, First District, Third Division

Date published: Feb 17, 2011

Citations

No. A127745 (Cal. Ct. App. Feb. 17, 2011)