P.

P. v. Millan CA4/1

Good Law
Court of Appeal of CaliforniaMay 1, 2013D062562California289 words

Opinion

Opinion

BACKGROUND

On April 6, 2012, sheriff's deputies stopped a car Millan was driving. Law

enforcement officers conducted a probation search at a residence and, on a dresser in a

bedroom, found a methamphetamine pipe containing .02 grams of methamphetamine.

Also in the bedroom were photographs, documents and a passport, all belonging to

Millan. The officers arrested Millan for possessing a controlled substance (Health & Saf.

Code, § 11377, subd. (a)) and possessing drug paraphernalia (Id., § 11364).

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings below. Counsel presents no argument for reversal, but asks this court to

review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436

(Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel

mentions as possible, but not arguable, issues: (1) whether there was sufficient evidence

to support the summary revocation of probation; (2) whether counsel's stipulation

regarding laboratory test results fell under Proposition 115, if the stipulation was used as

a basis for the probation revocation evidentiary hearing; (3) whether the court…

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