People v. Wilson CA4/1
D069036
Cal. Ct. App.Aug 26, 2016Background
- Defendant Daniel Wilson was charged with stalking with a court order in effect, making a criminal threat, and corporal injury to a spouse/roommate based on incidents from April–May 2015.
- Wilson pleaded guilty to one count of stalking with a court order (§ 646.9(b)) pursuant to a stipulated plea agreement; the other counts were dismissed.
- Plea terms called for suspended execution of a two-year state prison sentence, formal probation, 365 days local custody with releasable status for placement in a residential treatment program, and satisfaction of remaining custody time upon successful program completion.
- At sentencing the court imposed a probation condition (¶14) prohibiting Wilson from remaining in the presence of anyone he knows illegally possesses a firearm, deadly weapon, or ammunition, and from being where he has ready access to a firearm, over defense objection.
- Appellate counsel filed a Wende brief raising no arguable issues but identified the probation-condition objection as potentially arguable; the defendant did not file a supplemental brief or update his address.
- The Court of Appeal reviewed the record under Wende/Anders and affirmed the judgment, finding no reasonably arguable appellate issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probation condition ¶14 was improperly imposed | The People argued (through imposition) the condition was proper as framed and drawn from authority | Wilson argued the condition was overbroad and objected at sentencing | Court affirmed imposition; review found no reasonably arguable appellate issue |
Key Cases Cited
- People v. Forrest, 237 Cal.App.4th 1074 (Cal. Ct. App. 2015) (source of probation-condition language)
- People v. Wende, 25 Cal.3d 436 (Cal. 1979) (procedure for appellate counsel to request independent record review when no arguable issues are found)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (requires appointed counsel to submit brief identifying any potential arguable issues when seeking to withdraw)
