Filed 5/16/17 P. v. Beasley-Jones CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR


THE PEOPLE,
Plaintiff and Respondent,
v.
LAKISHA BEASLEY-JONES,
Defendant and Appellant.

A149075

(Solano County
Super. Ct. No. FCR288079)


Defendant Lakisha Beasley-Jones appeals a judgment entered upon her plea of no contest to assault and commercial burglary. Her counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has been apprised of her right to personally file a supplemental brief, but she has not done so.
Defendant was charged by information with second degree robbery (Pen. Code, § 211, count one), second degree commercial burglary (§ 459, count two), and three counts of use of tear gas (§ 12403.7, subd. (g), counts three, four, and five). Testimony at the preliminary hearing showed that defendant went into a Macy’s store and took approximately seven items into a fitting room. A loss prevention detective went to the fitting area. When defendant left the fitting room, her purse was noticeably larger than it had been. The detective saw that approximately four items were left in the room and there were empty hangers and sensors. The detective approached defendant after she left the store and identified herself as a Macy’s loss prevention officer. Defendant kept backing into the parking lot. Two other loss prevention officers joined them and identified themselves. Defendant sprayed all three of them with a canister of spray that was connected to her keys. Items of women’s clothing from Macy’s were found in defendant’s bag, as well as wire cutters and a pair of pliers.
Pursuant to a negotiated disposition, defendant pled no contest to count two, commercial burglary, and to an added count of assault by means of force likely to cause great bodily injury. (§ 245, subd. (a)(4).) The plea included an agreement that defendant initially would not be sentenced to state prison and that all other counts would be dismissed with Harvey waivers. (People v. Harvey (1979) 25 Cal.3d 754.) Before entering her plea, defendant was informed of its consequences and the rights she was giving up.
On April 10, 2014, the trial court suspended imposition of judgment and sentence. It placed defendant on probation with terms and conditions that included obeying all laws, abstaining from alcohol and illegal drugs, and attending counseling or therapy as directed by her probation officer, which would include four Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings per week.
On July 14, 2014, the probation department notified the trial court that defendant had tested positive for cocaine and marijuana on three occasions, had admitted using cocaine, marijuana, and alcohol, and had not begun attending AA or NA meetings until a month and a half after she had been ordered to do so. The trial court issued an order to show cause why defendant’s probation should not be revoked for failure to comply with all conditions of probation. At an August 21, 2014 hearing, probation was revoked and the matter was continued to September 30, 2014. Defendant was ordered to bring proof that she attended four AA/NA meetings per week. She failed to appear for the September 30, 2014 hearing, and a bench warrant was issued. Defendant appeared in custody on May 15, 2015 and denied the probation violation, and the matter was continued.
A hearing on the probation violation took place on June 30, 2015. Defendant’s probation officer testified that defendant had not provided evidence that she attended any AA/NA meetings after August 21, 2014. The trial court found defendant was in violation of her terms of probation, and the matter was continued several times while defendant attended to health concerns. The probation department reported that defendant tested positive for cocaine in December 2015 and twice in May 2016.
On June 1, 2016, the trial court sentenced defendant to the midterm of three years for the assault and a concurrent two-year term for the burglary and imposed fines and fees. The court later awarded custody credits. Defendant brought a Marsden motion (People v. Marsden (1970) 2 Cal.3d 118), which the trial court denied. She moved to have the burglary conviction reduced to a misdemeanor under Proposition 47, the Safe Neighborhoods and Schools Act, and the trial court granted the motion. Because the burglary sentence was concurrent with that for the assault, the reduction did not affect the sentence.
There are no meritorious issues to be argued.
DISPOSITION
The judgment is affirmed.




_________________________
Rivera, J.


We concur:


_________________________
Ruvolo, P.J.


_________________________
Reardon, J.