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Filed 3/7/16 P. v. Powell 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication 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

(Butte)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

CHRISTINA MAE POWELL,

Defendant and Appellant.

C077925

(Super. Ct. Nos. CM041770, 

CM038092, CM041876)

Appointed counsel for defendant Christina Mae Powell 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 (Wende).) Finding no arguable error that would 

result in a disposition more favorable to defendant, we will affirm the judgment.

I

We provide the following brief description of the facts and procedural history of 

the three underlying cases. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
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Case No. CM038092

On February 6, 2013, defendant was charged with a single count of child 

endangerment. (Pen. Code, § 273a, subd. (a).)1 She pleaded no contest as charged in 

exchange for dismissal with a Harvey waiver2 of case No. CM034956 and the 

prosecution’s agreement not to oppose her participation in a rehabilitation program. The 

parties stipulated to the following factual basis for the plea: Defendant gave birth to a 

child who tested positive for methamphetamine. Defendant was put on a safety plan and 

placed with the newborn in a residential treatment facility for chemically dependent 

women and their children. She admitted that she began using methamphetamine during 

her third trimester of pregnancy, did not inform her doctor of her use, and knew her drug 

use was dangerous to her unborn child. She also admitted she last ingested 

methamphetamine on December 10, 2012.

On August 14, 2013, the trial court granted defendant’s unopposed motion to 

withdraw her plea. Thereafter, defendant was charged by amended complaint with felony 

child endangerment (§ 273a, subd. (a)) and misdemeanor being under the influence of a 

controlled substance (Health & Saf. Code, § 11550, subd. (a)). She entered a plea of no 

contest to the misdemeanor charge. The remaining charge and case No. CM034956 were 

dismissed on the People’s motion. The parties stipulated to the same factual basis for the 

plea.

On August 29, 2013, the trial court suspended imposition of sentence and placed 

defendant on summary probation for three years subject to specified terms and 

conditions, including 90 days in county jail with credit for time served (by agreement of 

counsel). The court imposed a $140 restitution fine (§ 1202.4, subd. (b)); a 

 

1

 Undesignated statutory references are to the Penal Code.

2

 People v. Harvey (1979) 25 Cal.3d 754 (Harvey).
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$140 probation revocation fine, stayed pending successful completion of probation

(§ 1202.44); a $30 criminal conviction assessment (Gov. Code, § 70373); a $40 court 

operations assessment (§ 1465.8); and a $25 OR (own recognizance) release fee (Gov. 

Code, § 29550).

On July 1, 2014, the district attorney filed a petition for revocation of probation 

alleging defendant violated probation by possessing a controlled substance without a 

prescription in violation of Business and Professions Code section 4060.

On October 2, 2014, the trial court took judicial notice of defendant’s consolidated 

plea entered in cases No. CM041770 and No. CM041876 (as discussed post) and found 

her in violation of probation.

Case No. CM041770

On August 25, 2014, defendant was charged by criminal complaint with forgery 

(§ 470, subd. (d)—count 1), identity theft (§ 530.5, subd. (a)—count 2), petty theft with 

three prior theft convictions (§ 666, subd. (a)—count 3), and theft from an elder or 

dependent adult (§ 368, subd. (d)—count 4). The complaint alleged that as to counts 1, 2, 

and 3 defendant had suffered five prior prison terms. (§ 667.5, subd. (b).)

Case No. CM041876

On September 12, 2014, defendant was charged by criminal complaint with 

unlawful driving or taking a vehicle with a prior vehicle theft conviction (Veh. Code, 

§ 10851; Pen. Code, § 666.5—count 1), receiving stolen property (§ 496, subd. (a)—

count 2), identity theft (§ 530.5, subd. (a)—count 3), and possession of a smoking device 

(Health & Saf. Code, § 11364.1, subd. (a)(1)—count 4). The information alleged that as 

to counts 1, 2, and 3 defendant had suffered two prior prison terms (§ 667.5, subd. (b)) 

and, at the time of the commission of those offenses, was released on bail or her own 

recognizance in case No. CM041770 (§ 12022.1).

Consolidated Plea (Cases No. CM041770 and No. CM041876)

Defendant entered a consolidated plea as follows:
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In case No. CM041770, defendant pleaded no contest to forgery (count 1) and 

admitted to one prior prison term in exchange for dismissal with a Harvey waiver of all 

remaining charges and allegations against her. The parties stipulated to the following 

factual basis to substantiate the plea: Defendant took blank checks from the home of the 

elderly victim, R.M. She used and endorsed one of the checks with the victim’s name to 

purchase groceries and obtain cash from a Safeway store.

In case No. CM041876, defendant pleaded no contest to receiving stolen property 

(count 2) and identity theft (count 3) in exchange for dismissal with a Harvey waiver of 

all remaining charges and allegations against her. The parties stipulated to the following 

factual basis to substantiate the plea: Defendant was stopped while driving a stolen 

vehicle. An inventory search of the car revealed, among other things, an envelope 

containing various receipts in defendant’s name; property, including credit cards,

belonging to various victims; a checking account checkbook in the names of a trust and 

two of its trustees, with several blank and handwritten, partially completed checks made 

payable to defendant for various amounts; a deposit slip in the name of another victim; 

Social Security cards and numbers of various victims; another victim’s driver’s license; 

and a piece of paper with another victim’s credit card number, expiration date, and CCV 

(credit card verification) number. The search also revealed multiple pages of binder 

paper containing information regarding numerous victims’ Social Security numbers, 

dates of birth, addresses, driver’s licenses, and identification numbers.

Consolidated Sentence (Cases No. CM041770, No. CM041876, and No. CM038092)

The trial court denied probation and sentenced defendant to a consolidated 

aggregate term of five years four months in county prison (§ 1170, subd. (h)) as follows:

In case No. CM041770, the court sentenced defendant to three years (the upper 

term) on count 1, plus a consecutive one-year term for the prior prison term.
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In case No. CM041876, the court sentenced defendant to two consecutive eightmonth terms (one-third the middle term) for counts 2 and 3, to be served consecutively to 

the sentence in case No. CM041770.

In case No. CM038092, the court terminated probation and ordered defendant to 

serve 90 days in county jail, to be served concurrently with the sentences imposed in 

cases No. CM041770 and No. CM041876.

The court imposed fees, fines, and assessments as follows:

In case No. CM041770, the court imposed a $300 restitution fine (§ 1202.4, 

subd. (b)), an $850 fine (§ 672), a $39 theft fine (§ 1202.5), a $30 criminal conviction 

assessment (Gov. Code, § 70373), and a $40 court operations assessment (§ 1465.8), and 

reserved jurisdiction to determine victim restitution as to R.M.

In case No. CM041876, the court imposed a $300 restitution fine (§ 1202.4, 

subd. (b)), a $30 criminal conviction assessment (Gov. Code, § 70373), a $40 court 

operations assessment (§ 1465.8), victim restitution to S.S. in the amount of $750, and 

victim restitution to P.G. in the amount of $28, reserving jurisdiction to set and modify 

victim restitution as to those and other victims.

In case No. CM038092, the court ordered that all previously imposed fees and 

fines be paid, and lifted the stay on the previously imposed $140 restitution fine pursuant 

to section 1202.44.

Finally, the court awarded defendant 101 days of presentence custody credit 

(51 actual days plus 50 conduct credits) in case No. CM041770 and none in case

No. CM041876.

Defendant filed a timely notice of appeal as to all three cases.

II

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. 

(Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a 
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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 entire record, we find no arguable error 

that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

 RAYE , P. J.

We concur:

 MAURO , J.

 DUARTE , J.