California, United States of America
The following excerpt is from People v. Todd, C091427 (Cal. App. 2020):
Appointed counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to 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 her right to file a supplemental brief within 30 days from the date the opening brief was filed. Defendant filed a supplemental brief, which we understand to argue the merits of the facts underlying her probation violations. Specifically, she complains that: (1) she should not have been found to have violated her probation where the charges against her for harming her fianc, who was living in her apartment, had been dropped and (2) that did she not fail to obey the directions of her probation officer, including those related to treatment that defendant sought herself and then elected to stop after being accepted into college classes.
Having undertaken an examination of the entire record pursuant to Wende and having considered defendant's claims, we find no errors that would result in a disposition more favorable to her. Because defendant admitted her probation violations, her appellate challenge to their validity is prohibited unless she first obtains a certificate of probable cause. (People v. Sem (2014) 229 Cal.App.4th 1176, 1186-1187 [certificate of probable cause requirement applies to admissions of probation violations].) She has not done so.
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The judgment is affirmed.
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