People v. Chapman CA5

DISCUSSION

Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asserting he could not identify any arguable issues in the case. By letter dated June 5, 2015, we invited Chapman to inform us of any issues he wished addressed in this appeal. Chapman did not respond to our invitation.

1The record does not contain all of the documents related to the plea. For example, the minute orders from the plea and sentencing hearings are not in the record. Nonetheless, the record is sufficient to support these terms of the plea.

2. After reviewing the record, we concur with appellate counsel that there are no arguable issues in the case. The matter was a straightforward probation revocation hearing. Substantial evidence supported the trial court’s findings. Even were we to disagree with the trial court’s conclusion the wife’s testimony was more credible than Chapman’s, which we don’t, Chapman failed to present any evidence to refute the allegation he failed to report to probation as directed. Accordingly, the evidence that Chapman violated his probation on this allegation was undisputed. The trial court acted well within its discretion when it sentenced Chapman…