People v. Monzon CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. SCD30432320001,
- Trial judge
- Dwayne K. Moring
- Outcome
- affirmed — Affirmed.
- Area
- criminal
- Panel
- Truc T. Do (author), Julia C. Kelety
Analysis
The trial court denied the defendant's motion for mental health diversion and subsequently accepted her guilty plea to felony hit and run with injury, imposing a stipulated sentence of two years' formal probation and $5,000 in restitution. On appeal, the Court of Appeal affirmed the judgment after an independent review of the record pursuant to People v. Wende, finding no arguable issues for reversal.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Denial of motion for mental health diversion“counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: whether the trial court erred in denying Monzon’s motion for mental health diversion.” | unclear | not reached | unsure The appellate court noted that counsel identified the denial of the mental health diversion motion as a potential issue but stated that after an independent review of the record, the court 'has not discovered any arguable issues for reversal on appeal.' The opinion does not provide specific reasoning or apply a specific standard of review to the trial court's decision on the diversion motion, nor does it explicitly rule on the merits of that specific issue, but rather concludes that no arguable errors exist in the record overall. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appointed appellate counsel to file a brief identifying arguable issues or, if none exist, to request the court to independently review the record for error.
- relied: Anders v. California (1967) 386 U.S. 738 — Establishes the procedure for appointed counsel to withdraw from a criminal appeal by filing a brief identifying potentially meritorious issues and requesting independent court review.
The appellate opinion: sound with gaps — The opinion is procedurally sound in that it correctly identifies the Wende/Anders framework and states that the court performed the required independent review of the record. However, it is a 'sound with gaps' opinion because it fails to provide any specific reasoning or legal analysis regarding the potential issue of the mental health diversion denial, merely stating that no arguable issues were found without explaining why the trial court's decision was correct or why the issue was not arguable.
How this analysis was made · dispute it
unusual disposition unusual dispositionThe trial court denied Monzon's motion for mental health diversion under Penal Code section 1001.36, accepted her guilty plea to felony hit and run with injury, imposed the stipulated two years of formal probation with 365 days in local custody, and ordered $5,000 in restitution. On appeal, appointed counsel filed a Wende brief identifying the diversion denial as a possible issue, the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Denial of motion for mental health diversion (Pen. Code, § 1001.36)“whether the trial court erred in denying Monzon’s motion for mental health diversion.” | unclear | correct | unsure The opinion recites no facts about the diversion hearing, the trial court's stated reasons, or the statutory eligibility and suitability findings, and it does not state a standard of review; it simply reports that independent Wende/Anders review disclosed no arguable issue. Nothing in the opinion suggests legal error, but the record quoted is too thin to independently confirm the trial court's exercise of discretion was proper, and the opinion does not address whether the pre-plea diversion ruling was cognizable without a certificate of probable cause. |
Entry of judgment on guilty plea with stipulated probationary sentence and $5,000 restitution“The court sentenced Monzon consistently with the agreed sentence. The court imposed restitution in the amount of $5,000.” | unclear | correct | agree with court The sentence matched the negotiated disposition and the opinion reports that independent review of the record found no arguable error; the brief procedural recitation complies with the minimal requirements for a Wende disposition and nothing stated suggests an unauthorized sentence or restitution order. |
Authorities
- relied: People v. Wende (1979) 25 Cal.3d 436 — When appointed appellate counsel finds no arguable issues, the Court of Appeal must independently review the entire record for error before affirming.
- relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal wholly frivolous should file a brief referring to anything in the record that might arguably support the appeal so the court can conduct its own review.
The appellate opinion: sound — The opinion follows the standard Wende/Anders procedure: counsel identified the diversion denial as a possible issue, the defendant was given the opportunity to file a supplemental brief and did not, and the court independently reviewed the record and found no arguable issue. The result is defensible under settled procedure, though the opinion provides no description of the diversion hearing or the trial court's reasoning and does not note whether a certificate of probable cause was obtained for review of a pre-plea ruling.
How this analysis was made · dispute it
record incompleteOpinion
Filed 9/24/26 P. v. Monzon CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D086417
Plaintiff and Respondent, (Super. Ct. No. SCD304323 v.
AMELIA MONZON,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Dwayne K. Moring, Judge. Affirmed. Matthew Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.
Amelia Monzon was charged with felony hit and run with injury (Veh. Code, § 20001, subd (a)). Monzon filed a motion for mental health diversion (Pen. Code, § 1001.36). The court held a hearing and denied the motion. Monzon pleaded guilty to one count of hit and run and agreed to a stipulated sentence of two years formal probation subject to 365 days in local custody. The remaining charges were dismissed. The court sentenced Monzon consistently with the agreed sentence. The court imposed restitution in the amount of $5,000. Monzon filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We advised Monzon that she could file her own brief on appeal, but she has not responded. DISCUSSION As we have noted appellate counsel has filed a Wende brief and asks the court to independently review the record for error. To assist the court in its review and in compliance with Anders v. California (1967) 386 U.S. 738, counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: whether the trial court erred in denying Monzon’s motion for mental health diversion. We have independently reviewed the record for error as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Monzon in this appeal.
2 DISPOSITION The judgment is affirmed.
HUFFMAN, J. WE CONCUR:
DO, Acting P. J.
KELETY, J.
Retired Associate Justice of the Court of Appeal, Fourth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
Cites, in this corpus
- People v. Wende Crim. 20851 · 1979-10-12