Filed 6/10/15 P. v. Chavez CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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, E062372
v. (Super.Ct.No. FVI1401463)
JAMIE JUAREZ-CHAVEZ, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. John M. Tomberlin,
Judge. Affirmed.
Cindi B. Mishkin, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
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I
STATEMENT OF THE CASE
On April 23, 2014, a felony complaint charged defendant and appellant Jamie
Juarez-Chavez with violating Penal Code section 422,1 making criminal threats, with
personal use of a deadly weapon, a knife under section 12022, subdivision (b)(1) (count
1). On May 1, 2014, defendant pled guilty to an added count, trespass with a threat of
injury under section 601, subdivision (a) (count 2). The parties stipulated that the factual
basis could be found in the police reports. The trial court suspended the imposition of
defendant’s sentence, placed her on supervised probation for 36 months, and ordered her
to comply with various terms and conditions.
On June 23, 2014, the probation department alleged that defendant violated four
different terms of her probation. On July 7, 2014, the court revoked defendant’s
probation and issued a bench warrant.
On October 21, 2014, defendant admitted that she had violated the fourth term of
probation in that she failed to report and did not cooperate. Thereafter, the court ordered
defendant to serve a three-year county prison hybrid or split sentence under section 1170,
subdivision (h), as follows: 1 year 6 months in county prison with a subsequent 18
months of mandatory supervision on specified terms and conditions.
On November 4, 2014, defendant filed a notice of appeal and requested a
certificate of probable cause; the trial court denied her request on November 14, 2014.
1 All statutory references are to the Penal Code unless otherwise specified.
2
On December 2, 2014, defendant filed an amended notice of appeal, challenging “the
sentence or other matters not affecting the validity of the plea,” with the trial court.
II
STATEMENT OF FACTS2
A. The Underlying Facts
Defendant became upset with her stepfather after he had disciplined one of her
children and the child began to cry. During the argument, defendant took out a folding
knife and said, “I’ll fucking kill you,” and waved the knife at her stepfather. Defendant’s
mother broke up the fight between defendant and her stepfather.
B. The Probation Violation
The county jail released defendant from custody on May 1, 2014. She failed to
report to probation as directed upon her release and had no contact with the probation
department since her release.
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 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.
2 Because defendant pled guilty, the statement of facts is taken from the police
report that is the factual basis of defendant’s plea and the probation report.
3
We offered defendant an opportunity to file a personal supplemental brief, but she
has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we
have independently reviewed the record for potential error and find no error.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
J.
We concur:
RAMIREZ
P. J.
MILLER
J.
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