Filed 11 / 23 /22 P. v. Hopkins CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Cal ifornia 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opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).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 PEO PLE,

Plaintiff and Respondent,

v.

JOHANNA LYNN HOPKINS

,

Defendant and Appellant. B 31 7605

Los Angeles County

Super. Ct. No. YA104471

APPEAL from an order of the Superior Court of Los

Angeles County, Thomas R. Sokolov , Judge. Affirmed

.

Brad J. Poore

, under appointment by the Court of Appeal,

for Defendant and Appellant.

No appearance for Plaintiff and Respondent.2 INTRODUCTION

Johanna Lynn Hopkins ple a d ed no contest to driving with a

.08 percent or more blood

- alcohol content causing injury (Veh.

Code, § 23152, subd. (b)) 1 and was placed on f ormal probation.

She later filed a request for a certificate of probable cause, which

the trial court denied. Hopkins appealed from the probation

order, and her appointed counsel filed a brief under the

procedures o utlined in People v. Wende (1979) 25 Cal.3d 436

( Wende ). By letter dated September 30 , 20 22 , we invited Hopkins

to submit additional briefing. To date s he has not done so. We

find no appealable issue and affirm the order

.

BACKGROUND

Count 1 of the complaint charged Hopkins with driving

while under the influence of an alcohol ic beverage causing injury

, in violation of section 23152, subdivision (a). Count 2 charged

Hopkins with driving with a blood

- alcohol content of 0.08 percent

or mo re , in violation of section 23152, subdivision (b)

. Counts 1

and 2 were charged as felonies

. Hopkins initially ple aded not

guilty to both counts. Less than two months later, however, she

withdrew her plea and entered into a plea deal, in which count 1

was dismissed and she pleaded no contest to c ount 2. The trial

court accepted Hopkins’s plea , found her guilty of count 2, and

sentenced her to five days in county jail and three years’ f ormal

probation. Shortly thereafter, on November 17, 2021, the court

modi fied Hopkins’s sentence to credit one day of her time in jail

towards the $390 fine or community service in lieu of the fine

.

1 All further statutory references are to the Vehicle Code unless

otherwise stated.3 On November 10, 2021, Hopkins filed a notice of appeal and

a request for a certificate of probable cause. The court denied the

request for a certificate of probable cause on November 19, 2021.

DISCUSSION

Following the Wende guidelines, we have reviewed

counsel’s brief and the entire appellate record. We discern no

arguable issu e. Our review of the record discloses the court did

not err in denying Hopkins’s request for a certificate of probable

cause. Moreover, because the court denied her request for a

certificate of probable cause, her appeal is limited to “ postplea

claims, inc luding sentencing issues, that do not challenge the

validity of the plea. ” ( People v. Cuevas (2008) 44 Cal.4th 374,

379.) Here, t he court imposed Hopkins’s sentence in accordance

with the plea agreement. Consequently, we affirm the order

. ( Wende, supra

, 25 Cal.3d at p. 443.)4 DISPOSITION

The order is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

LAVIN, J.

WE CONCUR:

E DMON

, P. J.

RICHARDSON

, (ANNE K.) J. *

* Judge of the Los Angeles Superior Court, assigned by the Chief

Justice pursuant to article VI, section 6 of the California Constitution.