People v. Aparicio CA4/2

I.

INTRODUCTION

Defendant and appellant Jacqueline Aparicio appeals the sentence imposed after

this court affirmed her judgment of conviction, vacated her sentence in part, and

remanded the matter for resentencing. Appointed counsel has filed a brief under the

authority of People v. Wende (1979) 25 Cal.3d 436, requesting this court to conduct an

independent review of the record to determine whether there are any arguable issues on

appeal. In addition, defendant has had an opportunity to file a supplemental brief with

this court and has not done so. After reviewing the record, we find no arguable error that

would result in a disposition more favorable to defendant and affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant and 10 cohorts believed a residential property had a large amount of

cocaine and decided to burgle it around 3:00 a.m. They all wore ski masks and some of

them carried guns, one of which was an AK-47. Defendant was supposed to be the

lookout, but she ended up taking items from the property. (Aparicio I, supra, E077421.)

A.N. lived in the “side house” on the property with her nine-year-old daughter.

Two of the burglars broke a window and…