People v. Duran CA4/1

STATEMENT OF FACTS

The facts of the underlying offense are not relevant to this appeal. As to the

probation revocation, Duran waived his trial rights and admitted he had violated

probation. Duran admitted he had been kicked out of his required program. He also

admitted he had contacted the victim's mother although he had been instructed by

probation not to do so.

At sentencing the trial court reviewed the original probation report and the

circumstances underlying the crime and Duran's criminal history. The court found the

sentencing factors in aggravation outweighed any mitigating factors and selected the

upper term for the offense.

DISCUSSION

As we have noted, appellate counsel has indicated he has been unable to identify

any reasonably arguable issues for reversal on appeal. Pursuant to Anders v. California

2 (1967) 386 U.S. 738 (Anders), counsel has identified a possible, but not reasonably

arguable issue to assist the court in its review of the record:

Whether the trial court abused its discretion in imposing the upper term of

imprisonment?

We have reviewed the entire record pursuant to Wende, supra, 25 Cal.3d 436 and

Anders, supra, 386 U.S. 738,…