People v. Lemus CA4/1

STATEMENT OF FACTS

The evidence at the probation revocation hearing demonstrated that after being placed on probation, Lemus was stopped by Oceanside police officers. A search of his person produced a folding knife. The trial court found the possession of the knife violated the terms of probation.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review of the record, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible issues that were considered in evaluating the potential merits of this appeal. 1. Whether the court erred by finding the folding knife found in Lemus’s possession was a deadly weapon.

2 2. Assuming the knife is not a deadly weapon did the court err in revoking probation. We have reviewed the entire record for error as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Lemus on this appeal.

DISPOSITION

The judgment is affirmed.

HUFFMAN, J.

WE CONCUR:

McCONNELL, P. J.

IRION, J.

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