Filed 10/10/14 P. v. Fuller CA5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

TAMEKA MARIE FULLER,

Defendant and Appellant.

F066900

(Madera Super. Ct. 

Nos. MCR041675, MCR042113 &

MCR043958)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Madera County. Ernest J. 

LiCalsi, Judge.

Gillian Black, under appointment by the Court of Appeal, for Defendant and

Appellant.

Office of the Attorney General, Sacramento, California, for Plaintiff and

Respondent.

-ooOoo-

 

* Before Levy, Acting P.J., Franson, J. and Peña, J.
2.

INTRODUCTION

Appellant/defendant Tameka Marie Fuller was placed on probation pursuant to a 

series of negotiated dispositions. She repeatedly violated probation by failing to comply 

with the probationary terms and committing new offenses. The court revoked probation 

and ordered execution of the previously imposed sentence of six years four months.

On appeal, her appellate counsel has filed a brief which summarizes the facts, with 

citation to the record, raises no issues, and asks this court to independently review the 

record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We will affirm.

FACTS

Case No. MCR041675

On the evening of August 13, 2011, defendant and a companion were in the Food4-Less store in Madera. They both put items in their purses. Defendant’s companion 

paid for some of the items, but they walked out without paying for the other merchandise. 

The store’s loss prevention officer detained the women outside and escorted them back to 

the store. He gave them the opportunity to pay for the merchandise. Defendant’s 

companion paid for the rest of her items. Defendant said she did not have any money. 

She had taken approximately $43 worth of merchandise. When an officer arrived at the 

store, he searched defendant and found the stolen items. He also found a glass 

methamphetamine pipe in her pocket.

Case No. MCR042113

On September 9, 2011, defendant was released from the Madera County 

Department of Corrections on a one-day pass to attend a relative’s funeral. She was 

ordered to turn herself back into the jail at 7:00 p.m. She failed to return and a bench 

warrant was issued for her arrest.

On the evening of October 8, 2011, officers conducted a traffic stop of a vehicle 

for driving without headlights. Defendant was a passenger in the car. One of the officers 

recognized her from prior contact. Defendant admitted she was still on parole. She was 
3.

searched, and the officer found a methamphetamine pipe in her pocket. They also found 

a baggie with 0.4 grams of methamphetamine in her purse. The officer testified that 

when he asked defendant about her failure to return from the day pass, defendant 

“seemed very nonchalant about it and thought it was not a big deal. She got a significant 

amount of money from her ... deceased husband and that she was just out having fun and 

enjoying life and didn’t think that she needed to go back.”

Pleas and Sentencing

On January 19, 2012, defendant pleaded guilty in case No. MCR042113 to felony 

possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and 

misdemeanor failure to appear (Pen. Code, § 4532, subd. (b)(1)). She admitted two prior 

prison term enhancements. (Pen. Code, § 667.5, subd. (b).)

Defendant also pleaded guilty in case No. MCR041675 to felony commercial 

burglary (Pen. Code, § 459), and admitted two prior prison term enhancements.

As to both cases, defendant was sentenced to an aggregate term of five years eight 

months in county jail. The court suspended execution of the sentences, and she was 

placed on formal probation for five years, subject to various terms and conditions.

Case No. MCR043958

On July 19, 2012, defendant’s probation was summarily revoked following the 

filing of a petition alleging that on or about June 29, 2012, she failed to appear for a 

schedule probation appointment; and on July 7, 2012, she was found in possession of 

narcotics in violation of Health and Safety Code section 11377, subdivision (a).

On July 20, 2012, defendant pleaded guilty in case No. MCR043958 to possession 

of methamphetamine (Health & Saf. Code,§ 11377, subd. (a)) and admitted a prior prison 

term enhancement. Based on the plea, she also admitted that she violated probation in 

case Nos. MCR041675 and MCR042113.

On August 17, 2012, defendant was sentenced to eight months in case No. 

MCR043958, consecutive to terms already imposed in the other cases, for an aggregate 
4.

term of six years four months in county jail. The court suspended the sentence and 

reinstated defendant on probation subject to all previously imposed terms and conditions.

Probation Violations

On September 13, 2012, defendant’s probation was again summarily revoked 

based on the allegations that on September 1, 2012, she failed to comply with the felony 

drug court program and was terminated from the inpatient counseling program; she failed 

to report to her probation officer on September 4, 2012, after being terminated from the 

inpatient program; she was in possession of drugs on September 9, 2012; and she 

committed new criminal acts in violation of Health and Safety Code section 11377, 

subdivision (a) and Penal Code section 148.9.

On September 21, 2012, defendant admitted that she violated probation in case 

Nos. MCR041675, MCR042113, and MCR043958. The court ordered the probation 

department to transfer defendant to the Delancy Street treatment program.

On October 22, 2012, the court revoked and reinstated defendant’s probation 

subject to the original terms and conditions.

On November 5, 2012, defendant failed to appear for a drug court review and a 

bench warrant was issued.

Revocation of probation and execution of sentence

On December 12, 2012, a petition was filed which alleged defendant violated 

probation by failing to report to her probation officer for a scheduled appointment on 

October 24, 2012; enroll in an inpatient substance abuse treatment program as directed; 

and appear for drug court review on November 5, 2012. The probation department 

recommended revocation of probation and execution of the sentences previously 

suspended.

On January 3, 2013, defendant admitted the probation violations.

On February 15, 2013, the court revoked probation in the three cases and ordered 

execution of her aggregate sentence of six years four months in county jail.
5.

On March 20, 2013, defendant filed a timely notice of appeal. She did not request 

or obtain a certificate of probable cause.

DISCUSSION

As noted above, defendant’s counsel has filed a Wende brief with this court. The 

brief also includes the declaration of appellate counsel indicating that appellant was 

advised she could file her own brief with this court. By letter on August 20, 2013, we 

invited defendant to submit additional briefing. To date, she has not done so.

After independent review of the record, we find that no reasonably arguable 

factual or legal issues exist.

DISPOSITION

The judgment is affirmed.