Filed 3/21/18 P. v. Harris CA5



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent,

v.

LATISHA NICOLE HARRIS,

Defendant and Appellant.

F074913

(Super. Ct. No. F14909436)


OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Don Penner, Judge.
Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-

 
Appellant Latisha Nicole Harris stands convicted of welfare fraud, a violation of Welfare and Institutions Code section 10980, subdivision (c)(2) (section 10980(c)(2)). Appellant appealed her conviction and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asking this court to review the record to determine whether there are any arguable issues on appeal. We sent a letter to appellant advising her of her right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment.
STATEMENT OF THE CASE AND FACTS
According to the probation report:
“[Appellant] applied for and received public assistance through the Fresno County Department of Social Services. During the period of November 1, 2008 through August 31, 2013, [appellant] failed to report income received from her employment .… As a result, [appellant] received $10,636.00 in Food Stamps and $8,035.97 in cash aid, to which she was not entitled.”
On December 19, 2014, appellant was arraigned on one count of violation of section 10980(c)(2). Appellant pleaded not guilty.
On February 9, 2016, appellant pleaded no contest to one count of violation of section 10980(c)(2). The plea agreement provided for restitution in the amount of $18,671.74 and no initial state prison and custody time. The plea agreement did not preclude sentencing to the adult offender work program and/or community service.
On May 3, 2016, the court appointed new counsel because of an attorney conflict.
On October 27, 2016, appellant moved to withdraw her plea. The court denied the motion on that same date. The court thereafter granted appellant probation for five years with the imposition of sentence suspended. The court ordered appellant to report to the Fresno County jail to be booked and released, and to serve the remaining 44 days in the adult offender work program. The court stated that if restitution was paid early or substantial payment was made, the court would consider early termination of probation. The court ordered appellant to pay $18,671.74 in restitution to Fresno County. The court further ordered appellant to pay a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $300 suspended probation fine (Pen. Code, § 1202.44), a $40 court operations fee (Pen. Code, § 1465.8) and a $30 conviction assessment fee (Gov. Code, § 70373).
Appellant filed a timely notice of appeal and a request for certificate of probable cause on December 27, 2016. The request stated that the stipulated amount was incorrect. The court denied the request on the same date.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.

DISPOSITION
The judgment is affirmed.