1

Filed 1/4/16 P. v. Fowlar CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Yuba)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

SABRINA JEAN FOWLAR,

Defendant and Appellant. C078222

(Super. Ct. No. CRF1451)

Appointed counsel for defendant Sabrina Jean Fowlar has asked this court to

review the record to determine whether there exist any arguable issues on appeal.

( People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a

disposition more favorable to defendant, we affirm the judgment.

We provide the following brief description of the facts and pr ocedural history of

the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)2

Defendant was charged by criminal complaint with second degree robbery (Pen.

Code

, § 211 )

, 1 unlawful taking or driving of a motor vehicle (Veh. Co de

, § 10851, subd.

(a) ) , cr iminal threats ( § 422 ) , and dissuading a witness ( § 136.1, subd. (b)) . The

complaint alleged , as to the robbery charge, defendant previously sustained a felony

conviction within the meaning of section 667, subdivision s (d) and (e) , and

section 1170.12, subdivision s (b) and (c). The complaint further alleged defendant was

ineligible for a prison sentence served in county jail pursuant to section 1170,

subdivisions (h)(3) and (f).

Defendant pleaded no contest to unlawfully taking or driving a motor vehicle in

exchange for dismissal of the remaining counts and allegations, and defendant’s

agreement to complete a six

- month residential treatment program, at the conclusion of

which defendant would be allowed to withdraw her plea and have the charge dismissed.

The factual basis to substantiate the plea is as follows:

On Jan uary 17, 2014, defendant and co defendant, Jonathan Ludwick, drove to the

home of a mutual friend looking for Ludwick’s ex

- girlfriend, who Ludwick believed had

“ripped him off o f a bunch of property” while he was incarcerated. Ludwick took the

victim’s vehicle without the victim’s consent and drove it away. D efendant aided and

abetted by driving the other vehicle away.

Defendant entered a residential treatment program on June 23, 2014, but left the

program prior to completing it.

Defendant filed a motion to reduce her felony conviction to a misdemeanor

pursuant to section 1170.18, subdivisions (f) and (g). The court denied the motion.

The trial court denied probation and sentenced defendant to serve three years in

state prison . The court also imposed a $900 restitution fine ( § 1202.4)

, a $900 parole

1 Undesignated statutory references are to the Penal Code.3

revocation fine, stayed pending successful completion of parole ( § 1202.45) , a $30

criminal conviction asse ssment (Gov. Cod e, § 70373)

, and a $40 court operations

assessment ( § 1465.8) , and reserved the issue of victim restitution (§ 1202.46). The court

awarded defendant 409 days of presentence custody credit (205 actual days plus 204

conduct credits).

Defendant filed a timely notice of appeal.

Counsel filed an opening brief that sets forth the facts of the case and requests that

we review the record and determine whether there are any arguable issues on appeal.

( People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right

to file a supplemental brief within 30 days of the date of filing of the opening brief. More

than 30 days have elapsed, and we have received no communication from defendant.

Having undertaken an examination of the entir e record, we find no arguable error

that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

/s/

HOCH , J.

We concur:

/s/

NICHOLSON , Acting P. J.

/s/

DUARTE , J.