People v. Daniel CA2/4

INTRODUCTION

Appellant Willie Lee Daniel was sentenced to probation for an assault by means of force likely to cause great bodily injury. After he twice admitted violating the terms of his probation, which the trial court reinstated, the court found he violated the terms of his probation a third time, by failing to report to the probation department. The court revoked appellant’s probation and sentenced him to three years imprisonment. On appeal, his appointed counsel filed a brief raising no issues and asking this court to independently review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Having done so, we affirm.

BACKGROUND

A. Probation Sentence and First Two Violations In March 2020, appellant pled no contest to one count of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)). Pursuant to a plea agreement, the court suspended imposition of sentence, placed appellant on probation for three years, and ordered him to serve 90 days in county jail (with 61 days of credit). The court imposed fines and fees, but subsequently stayed them, finding appellant was unable to pay. Appellant’s probation conditions included…