People v. Roberts CA1/4

Good Law
Court of Appeal of CaliforniaJuly 17, 2024A166838California265 words

Opinion

Opinion

DISCUSSION

Roberts’s counsel filed a Wende brief on May 31, 2024. We have received no supplemental filing by Roberts. Roberts’s notice of appeal is from an order revoking his probation and therefore is appealable as an order made after judgment affecting his substantial rights. (Pen. Code, § 1237, subd. (b); People v. Vickers (1972) 8 Cal.3d 451, 453, fn. 2.) The trial court’s probation hearing and sentence were appropriately supported by the evidence and without any indication of an abuse of discretion. After reviewing the entire record on appeal pursuant to Wende, supra, 25 Cal.3d 436, we find no issues

1 At the time of the revocation hearing, the three misdemeanor

convictions had not become final and were pending appeal in the San Mateo Superior Court, Appellate Division. On December 22, 2023, Roberts filed a petition to transfer his appeal from the Appellate Division to this court. On January 2, 2024, this court denied that petition, but on its own motion stayed the briefing in this appeal pending the decision of the Appellate Division and ordered Appellant’s Opening Brief due no later than 30 days after issuance of the Appellate Division’s decision. On May 28, 2024, the…

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