Filed 10/16/20 P. v. Thornton CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This 

opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a). 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

v.

KHALIL THORNTON,

Defendant and Appellant.

B300720

Los Angeles County

Super. Ct. No. NA111401

APPEAL from an order of the Superior Court of Los

Angeles County, Tomson T. Ong, Judge. Affirmed.

Richard B. Lennon, under appointment by the Court of 

Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.
2

INTRODUCTION

Defendant Khalil Thornton pled no contest to assault with 

a deadly weapon. The trial court suspended imposition of 

sentence and placed him on three years’ formal probation.

Defendant appeals from the probation order. We affirm.

BACKGROUND

Per the probation report, on March 2, 2019, defendant stole 

a can of soda from Vera’s Meat Market. Defendant also threw a 

can of beer at Janet Valenzuela and nearly hit her. Valenzuela

told the responding officers she was in fear for her safety and the 

life of her unborn child. After defendant left the store without 

paying for the soda, Alberto Perez chased after him. Defendant 

responded by charging towards Perez and tried to hit Perez with 

the can of soda. Defendant was arrested and transported to the 

Long Beach Police Station.

By felony complaint filed on March 5, 2019, defendant was 

charged with robbery (Pen. Code,1 § 211), and two counts of 

assault with a deadly weapon, the beer and soda cans. (§ 245, 

subd. (a)(1).) The complaint alleged that these offenses were 

serious felonies under section 1192.7, subdivision (c).

On March 13, 2019, defense counsel declared a doubt as to 

defendant’s mental competence and criminal proceedings were 

suspended under section 1368. On June 5, 2019, the court found, 

based on a report submitted by Dr. Donald Brown, that 

defendant was competent to stand trial. Accordingly, the court 

reinstated criminal proceedings.

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

On June 19, 2019, defendant pled no contest to one count of 

assault with a deadly weapon as a strike under section 245, 

subdivision (a)(1). The court suspended imposition of sentence

and placed him on formal probation for three years subject to 

certain terms and conditions. Defendant received credit for time 

served and was released from custody. At the conclusion of the 

hearing, the court dismissed the remaining charges.

Defendant filed a notice of appeal from the probation order, 

and we appointed counsel to represent him. On April 28, 2020, 

appointed counsel filed a brief in which he raised no issues and 

asked us to determine if the court committed any error in the 

sentencing proceedings under People v. Wende (1979) 25 Cal.3d 

436.

2 After the record was augmented by this court, appointed 

counsel reiterated that he wished to proceed under the previously 

filed Wende brief. Defendant was notified that his attorney had 

filed a brief that raised no issues and that he could submit a 

supplemental brief he wished this court to consider. We have not 

received a response. 

DISCUSSION

We have examined the entire record, and are satisfied 

appellate counsel has fully complied with his responsibilities and 

no arguable issues exist in the appeal before us. (Smith v. 

2 Before challenging the validity of a guilty or no contest plea, a 

criminal defendant must obtain from the trial court a certificate of 

probable cause under section 1237.5. (People v. Mendez (1999) 19 

Cal.4th 1084, 1099.) Here, defendant never obtained a certificate of 

probable cause. Accordingly, his appeal is limited to challenging issues 

that arose after the plea was entered.
4

Robbins (2000) 528 U.S. 259, 278–284; People v. Wende, supra, 25 

Cal.3d at p. 443.)

DISPOSITION

The order is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

LAVIN, Acting P. J.

WE CONCUR:

EGERTON, J.

DHANIDINA, J.