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People v. Wilson CA4/1
D069036
Cal. Ct. App.
Aug 26, 2016
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Background

  • 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)
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Case Details

Case Name: People v. Wilson CA4/1
Court Name: California Court of Appeal
Date Published: Aug 26, 2016
Docket Number: D069036
Court Abbreviation: Cal. Ct. App.