Fear Not Law Articles: P. v. Leos

P. v. Leos

Filed 1/9/07 P. v. Leos CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

LAKISHA EVON LEOS,

Defendant and Appellant.

E040676

(Super.Ct.No. FSB 53828)

OPINION

APPEAL from the Superior Court of San Bernardino County. Michael M. Dest, Judge. Affirmed.

Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A complaint filed by the District Attorney of San Bernardino County on January 6, 2006, charged in two felony counts that, on November 20, 2005, defendant violated Vehicle Code section 10851, subdivision (a), unlawful driving or taking a vehicle, and Penal Code section 496d, subdivision (a), receiving stolen property. On May 4, 2006, pursuant to Penal Code section 859a, defendant changed her plea to guilty as to count 2, in exchange for an agreement that count 1 would be dismissed and that she would receive three years formal probation and would serve no more than 180 days in county jail. (Pen. Code, § 1385.)

Thereafter, defendant was sentenced on June 12, 2006, and was placed on three years supervised probation, on the condition she serve 180 days in San Bernardino County jail with credit for time served.

The victim restitution hearing was held on July 14, 2006, and the court ordered probation be modified by the addition of a victim restitution fine in the amount of $400 plus a ten percent administrative fee, to be paid at the rate of $20 per month. Defendant agreed to the $400 victim restitution fine and probation as modified. Notice of appeal was filed June 13, 2006.

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.

Facts^{^[1]}

On November 20, 2005, at approximately 4:00 a.m. the defendant was arrested by the San Bernardino Police Department for violating Vehicle Code section 10851, subdivision (a) and Penal Code section 496d, subdivision (a), after she was observed driving a vehicle that matched the description of a stolen vehicle. The vehicle driven by the defendant at that time did not have matching front and rear license plates, and there was damage to the ignition as well as having a â€

Description	A complaint filed by the District Attorney of San Bernardino County on January 6, 2006, charged in two felony counts that, on November 20, 2005, defendant violated Vehicle Code section 10851, subdivision (a), unlawful driving or taking a vehicle, and Penal Code section 496d, subdivision (a), receiving stolen property. On May 4, 2006, pursuant to Penal Code section 859a, defendant changed her plea to guilty as to count 2, in exchange for an agreement that count 1 would be dismissed and that she would receive three years formal probation and would serve no more than 180 days in county jail. (Pen. Code, S 1385.) Thereafter, defendant was sentenced on June 12, 2006, and was placed on three years supervised probation, on the condition she serve 180 days in San Bernardino County jail with credit for time served. The victim restitution hearing was held on July 14, 2006, and the court ordered probation be modified by the addition of a victim restitution fine in the amount of $400 plus a ten percent administrative fee, to be paid at the rate of $20 per month. Defendant agreed to the $400 victim restitution fine and probation as modified. Notice of appeal was filed June 13, 2006. 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] Court have concluded independent review of the record and find no arguable issues.
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