Filed 3/4/21 P. v. Jacome CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE,

Plaintiff and Respondent,

v.

ALEXANDER JACOME,

Defendant and Appellant.

 D078140

 (Super. Ct. No. PLBD1845)

APPEAL from an order of the Superior Court of San Diego County, 

Robert Trentacosta, Judge. Affirmed. 

Richard Schwartzberg, under appointment by the Court of Appeal, for 

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

This appeal arises from the latest in a series of parole revocation 

proceedings in the Superior Court. In the current proceeding, like the earlier 

ones, appellant waived an evidentiary hearing and stipulated to revocation, 

reinstatement, and a specific term of custody.
2

In 2017, Alexander Jacome was convicted of battery on a transit officer 

(Pen. Code,1 § 243.3) and received a two year prison sentence. He was 

paroled in August 2017. There have been multiple revocation proceedings in 

the trial court. In each case, Jacome waived evidentiary hearing. Jacome 

appealed from the revocation proceeding in June 2019, and this court 

affirmed the order in an unpublished opinion. (People v. Jacome (Sept. 30, 

2019, D076087) [nonpub. opn.].)

In 2020, another revocation petition was filed. The petition was 

resolved by stipulation filed under section 977 (waiver of personal 

appearance). 

Jacome filed a timely notice of appeal. 

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 

25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any 

arguable issues for reversal on appeal. Counsel asks the court to review the 

record for error as mandated by Wende. We offered Jacome the opportunity 

to file his own brief on appeal, but he has not responded.

STATEMENT OF FACTS

Jacome stipulated he violated the conditions of parole, waived 

evidentiary hearing, and agreed to a period of custody. 

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks 

the court to review the record for error. To assist the court in its review, and 

in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel 

has identified the following possible issues which were considered in 

evaluating the potential merits of this appeal:

1 All further statutory references are to the Penal Code.
3

1. Whether the record supports a finding appellant made a knowing 

and intelligent admission to the petition;

2. Whether counsel could enter an admission to the petition and waive 

appellant’s presence by stipulation; and

3. Whether appellant’s admission of the parole violation was voluntary, 

knowing and intelligent.

We have reviewed the entire record as required by Wende and Anders. 

We have not discovered any arguable issues for reversal on appeal. 

Competent counsel has represented Jacome on this appeal.

DISPOSITION

The order finding Jacome violated his parole and imposing additional 

custody is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

HALLER, J.

O’ROURKE, J.