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Filed 3/6/24 P. v. Leslie CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or 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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

v.

BURGESS ALEXANDER LESLIE,

Defendant and Appellant.

 A168878

 (Mendocino County

 Super. Ct. No. SCUK-CRCR-

 2015-82336-3)

Burgess Alexander Leslie appealed after the trial court imposed a 

previously suspended prison sentence because he violated the terms of his 

probation. His appellate attorney has asked the court for an independent 

review of the record under People v. Wende (1979) 25 Cal.3d 436. We find no 

arguable issues and affirm.

Leslie pleaded guilty in February 2019 to one count of felony assault by 

means of force likely to cause great bodily injury (Pen. Code, § 245, 

subd. (a)(4))1 and one count of misdemeanor marijuana cultivation (Health & 

Saf. Code, § 11358, subd. (c)) in connection with a confrontation between his 

girlfriend and another man in July 2015. The trial court granted Leslie three 

years’ probation with the condition that he serve 360 days in jail. 

1 All undesignated statutory references are to the Penal Code.
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The probation department first accused Leslie of violating the terms of 

his probation in June 2019 by failing to surrender himself to the jail the 

previous month as ordered. The trial court revoked probation pending a 

hearing. Leslie was arrested in September 2020, and he was remanded to 

serve the time previously ordered. He admitted the probation violation at a 

hearing in January 2021. At the sentencing hearing in March 2021, the trial 

court imposed an aggravated term of four years, suspended imposition of 

sentence, and reinstated probation on the condition that Leslie complete a 

minimum six-month residential treatment program. 

Leslie apparently left the residential-treatment program the same day 

he was admitted and, in August 2021, the probation department filed a 

petition alleging the violation of probation. Leslie’s whereabouts were 

unknown until he was arrested in July 2023. Leslie later admitted to the 

allegations of the revocation petition, and the trial court permanently 

revoked Leslie’s probation. 

Because of changes to sentencing law enacted after Leslie was most 

recently placed on probation, the trial court elected to impose the midterm of 

three years for Leslie’s assault conviction (§ 245, subd. (a)(4)), with a 

concurrent 180 days for his marijuana-cultivation conviction (Health & Saf. 

Code, § 11358, subd. (c)). The court also imposed the minimum restitution 

fine (§ 1202.4, subd. (b)) plus a $300 probation-revocation fine (§ 1202.44), 

and it imposed but stayed a $300 parole-revocation fine (§ 1202.45). 

Reviewing the record of Leslie’s sentence and other matters occurring 

after Leslie’s admission of probation violation that do not affect his sentence 

(Cal. Rules of Court, rule 8.304(b)(2)(B)), we find no arguable issues, as the 

sentence and fines and fees imposed were authorized. 

The judgment is affirmed. 
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_________________________

Humes, P. J.

WE CONCUR:

_________________________

Banke, J.

_________________________

Langhorne Wilson, J.

People v. Leslie A168878