People v. Lane CA6

I. INTRODUCTION

Defendant Dwane Lee Lane pleaded no contest to felony vandalism (Pen. Code, § 594, subd. (b)(1)).1 At sentencing, upon defendant’s payment of victim restitution, the trial court reduced the conviction to a misdemeanor and placed defendant on probation with various terms and conditions. Defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. That period has elapsed, and we have received no response from defendant.

1 All further statutory references are to the Penal Code unless otherwise indicated. Following the California Supreme Court’s direction in People v. Kelly (2006) 40 Cal.4th 106 (Kelly) at page 110, we provide a brief description of the facts and the procedural history of the case.

II. BACKGROUND

A. The Offense According to written police reports, defendant used a hammer to break a window in two of the victim’s vehicles. It was determined that it would cost more than $400 to replace the broken windows. B. The Charge and Plea In July 2019, defendant was charged…