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People v. Strain

California Court of Appeals, Second District, Eighth Division
Jan 31, 2024
No. B330569 (Cal. Ct. App. Jan. 31, 2024)

Opinion

B330569

01-31-2024

THE PEOPLE, Plaintiff and Respondent, v. KIARA STRAIN, Defendant and Appellant.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County No. VA152839 . Joseph R. Porras, Judge. Affirmed.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

GRIMES, Acting P. J.

Defendant and appellant Kiara Strain, along with two codefendants, stole numerous items from a JCPenney store in January 2020. Defendant was charged with organized retail grand theft (Pen. Code, § 490.4, subd. (a); count 1) and grand theft (§ 487, subd. (a); count 2). Defendant failed to appear at her arraignment and a bench warrant was issued.

Defendant eventually was returned to custody. She agreed to plead no contest to count 1. Defendant signed a felony advisement of rights, waiver and plea form. The trial court accepted defendant's waivers on the record and found them to be knowingly, voluntarily and intelligently made. Counsel stipulated to a factual basis for the plea and concurred in the plea. The court found defendant guilty on count 1 and dismissed count 2 in accordance with the terms of the plea agreement. The court suspended imposition of sentence and ordered defendant to serve 24 days in county jail with credit for time served, and placed her on two years of formal probation, according to various terms and conditions. Defendant was ordered to pay various fines and to pay restitution in the amount of $948 to JCPenney.

This appeal followed. We appointed appellate counsel to represent defendant. Defendant's appointed counsel, Richard B. Lennon, filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 in which no issues were raised. The Wende brief included a declaration from Mr. Lennon in which he explained that he advised defendant he would be filing a Wende brief, forwarded the brief and the record to defendant, advised her of her right to file a supplemental brief and her right to discharge him as her attorney. Mr. Lennon also stated his availability to brief, upon request, any issues we may have following our independent review of the case. Defendant did not file a supplemental brief.

We have examined the entire record of proceedings submitted to this court and are satisfied that appointed counsel fully complied with his responsibilities. We find no arguable appellate issues.

DISPOSITION

The judgment of conviction is affirmed.

WE CONCUR: WILEY, J. VIRAMONTES, J.


Summaries of

People v. Strain

California Court of Appeals, Second District, Eighth Division
Jan 31, 2024
No. B330569 (Cal. Ct. App. Jan. 31, 2024)
Case details for

People v. Strain

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KIARA STRAIN, Defendant and…

Court:California Court of Appeals, Second District, Eighth Division

Date published: Jan 31, 2024

Citations

No. B330569 (Cal. Ct. App. Jan. 31, 2024)