People v. Vallejo CA2/5

INTRODUCTION

Defendant and appellant Hilary Vallejo filed a petition for modification of sentence that sought to have her felony conviction for grand theft (Pen. Code, § 484g(a)) resentenced as a misdemeanor pursuant to Proposition 47 (Pen. Code, § 1170.18). The trial court denied the petition on the ground that defendant failed to show her theft was less than $950. Defendant’s appointed counsel filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting this court to conduct an independent review of the record to determine if there are any arguable issues. On March 22, 2016, we gave notice to defendant that counsel had failed to find any arguable issues and defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments she wished this court to consider. Defendant did not file a brief or letter. We affirm.

DISCUSSION1

We have reviewed the record and are satisfied that defendant’s counsel has fully complied with his responsibilities and no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)

We omit a recitation of the facts concerning defendant’s underlying offense as…