Filed 5/21/15 P. v. Kueny CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D066402
Plaintiff and Respondent,
v. (Super. Ct. No. SCD240930)
TIFFANY KUENY,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Eugenia A.
Eyherabide, Judge. Affirmed.
Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
In this criminal case, appointed appellate counsel filed a brief presenting no
argument for reversal but inviting this court to review the record for error in accordance
with People v. Wende (1979) 25 Cal.3d 436 (Wende). We gave defendant and appellant
Tiffany Kueny an opportunity to file a brief on her own behalf, and she has declined to do
so. After having independently reviewed the entire record for error, as required by
Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
A jury found Kueny guilty of one count of inflicting corporal injury on a
cohabitant in violation of Penal Code1 section 273.5, subdivision (a). The jury also
found true an allegation Kueny had previously been convicted of domestic violence
within the meaning of section 273.5, subdivision (e)(1).
The trial court initially imposed three years of formal probation. However, Kueny
did not perform satisfactorily on probation. On May 8, 2013, Kueny admitted she had
failed to report to her probation officer; at that point, the trial court reinstated her
probation but ordered that she be held in custody for 365 days, less 177 actual days of
credit.
Upon Kueny's release from custody, she again failed to promptly report to her
probation officer, tested positive for methamphetamine, failed to appear for substance
abuse testing, and failed to attend domestic abuse classes. In light of these
circumstances, on June 27, 2014, the trial court revoked Kueny's probation and thereafter
imposed a midterm sentence of four years. The trial court awarded Kueny 422 days of
actual credits and no conduct credits. The trial court also imposed a restitution fine of
$240, a probation revocation fine of $240 and an additional restitution fine of $40, which
was stayed.
A review of the record pursuant to Wende, supra, 25 Cal.3d 436, and Anders,
1 All further statutory references are to the Penal Code.
2
supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issue. Kueny has
been represented by competent counsel on this appeal.
DISPOSITION
The judgment is affirmed.
BENKE, J.
WE CONCUR:
McCONNELL, P. J.
McINTYRE, J.
3
People v. Kueny CA4/1
Combined Opinion