Opinion
C099964
08-09-2024
THE PEOPLE, Plaintiff and Respondent, v. GEORGIA ANN MILES, Defendant and Appellant.
NOT TO BE PUBLISHED
(Super. Ct. Nos. CRF220000448, CRF220003110, CRF230000166, CRF230000316, CRF230001955)
RENNER, J.
Appointed counsel for defendant Georgia Ann Miles asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We will affirm.
I. BACKGROUND
In case No. CRF22-0000448 (case No. 0448), police officers stopped defendant due to expired registration. The officers searched defendant and found a loaded flare gun. She was charged in March 2022 with unlawful possession of a firearm (Pen. Code, § 29800, subd. (a)(1)), possession of a concealed firearm (§ 25400, subd. (a)(2)), carrying a loaded firearm (§ 25850, subds. (a) and (c)(1)), displaying false vehicle registration (Veh. Code, § 4462, subd. (b)) and driving an unregistered vehicle (Veh. Code, § 4000, subd. (a)(1)).
Undesignated statutory references are to the Penal Code.
In case No. CRF22-0003110 (case No. 3110), it was alleged that defendant failed to appear (§ 1320.5) in October 2022 while she was out on her own recognizance (§ 12022.1).
In case No. CRF23-0000166 (case No. 0166), it was alleged that defendant failed to appear (§ 1320.5) in January 2023 while she was out on her own recognizance (§ 12022.1).
In case No. CRF23-0000316 (case No. 0316), defendant got into an argument with a friend in February 2023, and she used a baseball bat to break three of the windows in the victim's home. It was alleged that defendant committed vandalism in an amount over $400. (§ 594, subd. (a)(1).)
In February 2023, defense counsel declared a doubt as to defendant's mental competence pursuant to section 1368 et seq. In March 2023, after considering a report from a court-appointed psychologist, the trial court found defendant incompetent to stand trial. In April 2023, the court committed defendant to the Department of State Hospitals pending restoration to competency, for a maximum period of two years. In September 2023, the court reinstated criminal proceedings.
During March and April 2023, the court denied two Marsden motions seeking new appointed counsel and one Faretta motion to proceed in propia persona. In May 2023, the court declined to take action on defendant's additional Marsden and Faretta motions, noting there was no new information.
People v. Marsden (1970) 2 Cal.3d 118 (Marsden).
Faretta v. California (1975) 422 U.S. 806 (Faretta).
In October 2023, in case No. CRF23-0001955 (case No. 1955), it was alleged defendant committed vandalism in excess of $400. (§ 594, subd. (b)(1).)
Later that month, the parties reached a global settlement with an aggregate prison term of two years eight months. In case No. 0448, defendant pled no contest to unlawful possession of a firearm (§ 29800, subd. (a)(1)) with a stipulated two-year term (the middle term). In case No. 3110, she pled no contest pursuant to People v. West (1970) 3 Cal.3d 595 (West) to failure to appear with a stipulated two-year concurrent term (the middle term). In case No. 0166, she pled no contest pursuant to West to failure to appear for a stipulated two-year concurrent term (the middle term). In case No. 0316, she pled no contest to vandalism for two years concurrent (the middle term). In case No. 1955, she pled no contest to vandalism for eight months consecutive (or one-third the middle term). The court dismissed all remaining allegations.
A plea pursuant to West, supra, 3 Cal.3d 595 is a plea of nolo contendere, not admitting a factual basis for the plea. (In re Alvernaz (1992) 2 Cal.4th 924, 932.)
The trial court sentenced defendant to an aggregate prison term of two years eight months, pursuant to the plea deal. The court also imposed the following fines and fees in each case: a $300 restitution fine (§ 1202.4), a $300 parole revocation fine, suspended unless parole is revoked (§ 1202.45), a $40 court operations fee (§ 1465.8), and a $30 criminal conviction assessment fee (Gov. Code, § 70373).
The trial court awarded custody credits per the parties' agreement as follows: (1) in case No. 0448, 259 actual and 258 conduct (or 517 total days), (2) in case Nos. 3110, 0166, and 0316, 244 actual and 244 conduct (or 488 total days), and (3) no credit in case No. 1955.
Defendant timely appealed.
II. DISCUSSION
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
III. DISPOSITION
The judgment is affirmed.
We concur: MAURO, Acting P. J., FEINBERG, J.