Filed 10/10/13 P. v. Brown CA4/1 

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT 

DIVISION ONE 

STATE OF CALIFORNIA 

THE PEOPLE, 

 Plaintiff and Respondent, 

 v. 

DIANNE RENEE BROWN, 

 Defendant and Appellant. 

 D063838 

 (Super. Ct. No. SCD239027) 

 APPEAL from a judgment of the Superior Court of San Diego County, Robert F. 

O'Neill, Judge. Affirmed. 

 Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

 No appearance for Plaintiff and Respondent. 

 Dianne Renee Brown was charged with numerous offenses based on a scheme in 

which she recorded quit claim and grant deeds on 31 properties. She then removed 

realtor signs and lockboxes, rekeyed the locks and rented some of the properties through 

a fictitious business. She pleaded guilty to one count of burglary, three counts of filing a 

false instrument and one count of rent skimming. Thereafter the court granted Brown 

probation for three years on various terms and conditions. 
2 

 In October 2012, the court issued an ex parte order summarily revoking probation 

on the grounds that Brown failed to report to the probation officer and had failed to report 

to the work furlough facility. 

 In January 2013, the court held an evidentiary hearing on the alleged probation 

violation. After signing the appropriate waiver and being warned of the risks of selfrepresentation, the court permitted Brown to represent herself. 

 Brown stated that she was told by a clerk that she did not have to report to 

probation until 72 hours after she was released from work furlough. She also contended 

that she did not have to go to work furlough as ordered because she had filed a notice of 

appeal. 

 Brown also attempted to call the two deputy district attorneys and their 

investigator to testify at the probation revocation hearing because the prosecution had 

committed fraud in the prosecution of the case. The trial court denied Brown's request. 

 At the conclusion of the hearing, the court revoked Brown's probation and 

sentenced her to a combined sentence of eight years eight months in prison. 

 In March 2013, the trial judge recalled the prison sentence, reinstated Brown on 

probation, subject to a number of conditions including 365 days in custody, and extended 

the term of probation until March 7, 2016. 

 Brown filed a timely notice of appeal. 1

 

1 We have taken judicial notice of the record in case D062802 which was Brown's 

appeal following her guilty plea and grant of probation. The order granting probation 

was affirmed in an unpublished opinion filed on August 9, 2013. 
3 

DISCUSSION 

 Appellate counsel has filed a brief summarizing, at great length, the facts and 

proceedings below. Counsel presented no argument for reversal, but asks this court to 

review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 

(Wende). Under Anders v. California (1967) 386 U.S. 738 (Anders), she listed numerous 

possible, but not arguable issues. We summarize the lengthy assortment of "possible 

issues" as follows: 

 1. Did the trial court properly allow Brown to represent herself at the revocation 

hearing? 

 2. Was Brown afforded her trial rights at the revocation hearing? 

 3. Did the court properly deny Brown's request to call the prosecutors and their 

investigator to testify at the hearing? 

 4. Was the evidence sufficient to support the decision to revoke probation? 

 5. Did the court properly extend the period of probation when it reinstated Brown 

to probation? 

 6. Did the court correctly select count 76 as the principal term in the calculation 

of the suspended prison sentence? 

 7. Are separate sentences authorized for rent skimming under Civil Code sections 

890 and 892? 

 8. Did the trial court properly impose full term consecutive sentences for the 

misdemeanor offenses? 
4 

 9. Was it necessary for the court in imposing the suspended sentences to order 

that the misdemeanor terms be served (if imposed) in the county jail? 

 10. Does Penal Code section 654 prevent the court from imposing separate 

sentences for count 21 (recording a false instrument) and count 76 (rent skimming)? 

 11. Whether any challenge to the sentence under Penal Code section 654 need to 

be raised on the present appeal, and if so, is a certificate of probable cause required? 

 We granted Brown permission to file a brief on her own behalf. She has not 

responded. 

 Our review of the record pursuant to Wende, supra, 25 Cal.3d 436, including 

possible issues listed by counsel pursuant to Anders, supra, 386 U.S. 738, has not 

disclosed any reasonably arguable issues on appeal. Competent counsel has represented 

Brown on this appeal. 

DISPOSITION 

 The judgment is affirmed. 

 

HUFFMAN, Acting P. J. 

WE CONCUR: 

 McDONALD, J. 

 O'ROURKE, J.