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Filed 7/17/24 P. v. Roberts CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 FOUR

THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL LAWRENCE ROBERTS,

Defendant and Appellant.

 A166838

 (San Mateo County Super. Ct. 

 No. 22-SF-000551-A)

Michael Lawrence Roberts appeals from his sentence of two years in 

state prison after a contested probation revocation hearing. Roberts’s 

appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 

436 (Wende), summarizing the facts and procedural history and requesting 

this court to independently review the record to identify any issues 

warranting review. Roberts was advised of his right to file a supplemental 

brief but has not done so. 

Finding no arguable issues on appeal, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On October 21, 2022, the trial court held a contested probation 

revocation hearing in Case No. 22-SF-000551-A. During the hearing, the 

trial court took judicial notice of three misdemeanor convictions (two 

violations of Health and Safety Code section 11364 (counts one and three) 
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and one violation of Health and Safety Code section 11377, subdivision (a) 

(count two)) entered against Roberts on October 17, 2022, in Case No. 22-SM009458-A.1 On the basis of the three misdemeanor convictions, the trial court 

found Roberts in violation of the terms and conditions of his probation in 

Case No. 22-SF-000551-A, which included an order to obey all laws. The trial 

court terminated Roberts’s probation and sentenced him to the mitigated 

term of two years in state prison on the underlying violation of Penal Code 

section 245, subdivision (a)(4). The trial court awarded Roberts 179 days of 

credit for time served and 178 days of conduct credit for a total of 357 days of 

credit. 

On December 12, 2022, Roberts filed a timely notice of appeal.

DISCUSSION

Roberts’s counsel filed a Wende brief on May 31, 2024. We have 

received no supplemental filing by Roberts. Roberts’s notice of appeal is from 

an order revoking his probation and therefore is appealable as an order made 

after judgment affecting his substantial rights. (Pen. Code, § 1237, subd. (b);

People v. Vickers (1972) 8 Cal.3d 451, 453, fn. 2.) The trial court’s probation 

hearing and sentence were appropriately supported by the evidence and 

without any indication of an abuse of discretion. After reviewing the entire 

record on appeal pursuant to Wende, supra, 25 Cal.3d 436, we find no issues 

1 At the time of the revocation hearing, the three misdemeanor 

convictions had not become final and were pending appeal in the San Mateo 

Superior Court, Appellate Division. On December 22, 2023, Roberts filed a 

petition to transfer his appeal from the Appellate Division to this court. On 

January 2, 2024, this court denied that petition, but on its own motion stayed 

the briefing in this appeal pending the decision of the Appellate Division and 

ordered Appellant’s Opening Brief due no later than 30 days after issuance of 

the Appellate Division’s decision. On May 28, 2024, the Appellate Division

issued its decision affirming the three misdemeanor convictions. Thereafter, 

Roberts filed his Wende brief.
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requiring further briefing.

DISPOSITION

The judgment is affirmed. 

HITE, J.*

We concur:

BROWN, P. J.

STREETER, J.

People v. Roberts (A166838)

* Judge of the Superior Court of California, City and County of San 

Francisco, assigned by the Chief Justice pursuant to article VI, section 6 of 

the California Constitution.