People v. Hove CA4/2

DISCUSSION

After defendant appealed, and upon her request, this court appointed counsel to

represent her. On January 25, 2015, counsel filed a brief under the authority of People v.

Wende (1975) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a

statement of the case, a summary of the facts, and potential arguable issues, and

requesting this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief. On

June 29, 2015, defendant filed a two-page handwritten letter brief in response to our

2 request. In her letter brief, defendant, in essence, contends that the trial court erred in

denying her motion under Proposition 47.

On November 4, 2014, California voters approved Proposition 47, the “Safe

Neighborhoods and Schools Act.” In sum, Proposition 47: (1) requires a misdemeanor

sentence instead of a felony sentence for certain drug possession offenses; (2) requires a

misdemeanor sentence instead of a felony sentence for the crimes of petty theft, receiving

stolen property, and forging/writing bad checks, when the amount involved is $950 or

less; (3) allows a felony sentence…