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P. v. Alford

P. v. Alford
11:28:2008



P. v. Alford



Filed 10/28/0 P. v. Alford CA4/28



NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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





FOURTH APPELLATE DISTRICT





DIVISION TWO



THE PEOPLE,



Plaintiff and Respondent,



v.



SANDRA GAIL ALFORD,



Defendant and Appellant.



E045659



(Super.Ct.No. FMB008709)



OPINION



APPEAL from the Superior Court of San Bernardino County. William Jefferson Powell IV, Judge. Affirmed.



Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant.



No appearance for Plaintiff and Respondent.



I



INTRODUCTION



A complaint filed on January 23, 2007, charged defendant and appellant Sandra Gail Alford with first degree burglary under Penal Code[1]section 459.



On April 6, 2007, the trial court suspended proceedings and ordered a competency examination under sections 1368 and 1369. On May 23, 2007, the trial court found defendant incompetent to proceed. On July 11, 2007, the trial court ordered defendant placed in Patton State Hospital until competency was restored.



On January 2, 2008, the trial court found competency restored and reinstated criminal proceedings. Defendant pled guilty to one count of second degree burglary.



On April 23, 2008, the trial court denied defendants motion to reduce the offense to a misdemeanor. After consideration of the report of the probation officer, the court granted probation with credit for time served of 273 days.



Defendant filed a timely notice of appeal on April 24, 2008.



II



FACTS[2]



On December 6, 2006, defendant was inside the home of a neighbor, where she was found screaming. She ran out of the house wearing the neighbors pajamas. A beer can was found on the table and the bathroom floor was wet. Defendant was detained; she began to yell unintelligibly.



III



ANALYSIS



After defendant appealed, and upon her request, this court appointed counsel to represent her. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] 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, which she has not done.



We have now concluded our independent review of the record and find no arguable issues.



IV



DISPOSITION



The judgment is affirmed.



NOT TO BE PUBLISHED IN OFFICIAL REPORTS



RICHLI



J.



We concur:



RAMIREZ



P. J.



MILLER



J.



Publication courtesy of San Diego pro bono legal advice.



Analysis and review provided by Poway Property line Lawyers.



San Diego Case Information provided by www.fearnotlaw.com







[1] All statutory references are to the Penal Code unless otherwise indicated.



[2] Because defendant pled guilty, the facts are derived from the probation officers report.





Description A complaint filed on January 23, 2007, charged defendant and appellant Sandra Gail Alford with first degree burglary under Penal Code section 459. On April 6, 2007, the trial court suspended proceedings and ordered a competency examination under sections 1368 and 1369. On May 23, 2007, the trial court found defendant incompetent to proceed. On July 11, 2007, the trial court ordered defendant placed in Patton State Hospital until competency was restored. The judgment is affirmed.



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