gno.law

People v. Young CA4/1

California Court of Appeal · D080660 · 2023-01-31 · Unpublished

Proceeding
appeal from a judgment
Trial court
Superior Court of San Diego County · No. SCD293752
Trial judge
Polly H. Shamoon
Outcome
affirmed — Affirmed.
Area
criminal
Panel
Richard D. Huffman, Sr. (author), Judith D. McConnell, Joan K. Irion

Analysis

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T04:39Z · confidence low

The trial court imposed a probation condition prohibiting the use of marijuana on a defendant who had pleaded guilty to possession of a loaded firearm and cocaine. 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 reviewedStandardThe courtThe model
Imposition of a probation condition prohibiting the use of marijuana
“Whether the trial court erred in imposing a “no marijuana use” condition in light of the convictions for possession of cocaine and a loaded firearm.”
unclearnot reachedunsure
The appellate court conducted an independent review of the record as required by People v. Wende and Anders v. California. The court stated it had not discovered any arguable issues for reversal on appeal and did not provide specific legal analysis regarding the merits of the marijuana condition.

Authorities

  • relied: People v. Wende (1979) 25 Cal.3d 436 — Requires appointed appellate counsel to review the record for arguable issues when counsel cannot identify any for reversal.
  • relied: Anders v. California (1967) 386 U.S. 738 — Requires appointed counsel to file a brief identifying arguable issues and the court to conduct an independent review of the record.

The appellate opinion: sound with gaps — The opinion is procedurally sound as it correctly follows the Wende/Anders protocol for indigent appeals where counsel identifies no issues. However, it is a 'sound with gaps' opinion because it fails to provide any substantive legal reasoning or analysis regarding the specific probation condition identified by counsel, simply stating that no arguable issues were found.

How this analysis was made · dispute it

unusual disposition

A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:30Z · confidence low

The trial court accepted Young's guilty plea to possession of a loaded firearm in public and misdemeanor cocaine possession and granted two years' probation with a condition that he use no marijuana, to which he did not object. On appeal, counsel filed a Wende/Anders brief flagging the marijuana condition as a possible issue; the Court of Appeal independently reviewed the record, found no arguable issues, and affirmed.

Ruling reviewedStandardThe courtThe model
Imposition of a probation condition requiring that Young use no marijuana at all
“Whether the trial court erred in imposing a “no marijuana use” condition in light of the convictions for possession of cocaine and a loaded firearm.”
unclearcorrectagree with court
The opinion does not analyze the condition, but the result is defensible: Young did not object below, so a reasonableness challenge under People v. Lent is forfeited under People v. Welch, and in any event a no-marijuana condition is reasonably related to a drug-possession conviction and to deterring future criminality for a defendant found carrying a loaded firearm while possessing cocaine. Nothing in the opinion suggests a constitutional overbreadth claim that could be raised for the first time on appeal.
Judgment of conviction on guilty plea and grant of probation, reviewed under Wende for any arguable issue
“We have reviewed the entire record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal.”
de novocorrectagree with court
The court followed the required Wende/Anders procedure: counsel identified a possible issue, the defendant was given the opportunity to file a supplemental brief and did not, and the court independently reviewed the record. On the facts stated (admitted possession of a loaded firearm and cocaine, a plea, and probation), nothing indicates an arguable issue.

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.
  • relied: Anders v. California (1967) 386 U.S. 738 — Appointed counsel who finds an appeal frivolous must file a brief referring to anything in the record that might arguably support the appeal.
  • missed: People v. Lent (1975) 15 Cal.3d 481 — A probation condition is invalid if it has no relationship to the crime, relates to conduct not itself criminal, and requires or forbids conduct not reasonably related to future criminality; this is the governing test for the flagged marijuana condition and the court did not mention it.
  • missed: People v. Welch (1993) 5 Cal.4th 228 — Failure to object to the reasonableness of a probation condition at sentencing forfeits the claim on appeal; this would have disposed of the flagged issue given Young's failure to object.

The appellate opinion: sound with gaps — The court properly followed Wende and Anders, gave the defendant a chance to file his own brief, and reached a result that is defensible under Lent and Welch given the drug conviction and the lack of objection below. It did not, however, say anything about the one issue counsel flagged, leaving the reader to supply the forfeiture and reasonableness analysis.

How this analysis was made · dispute it

Opinion

Filed 1/31/23 P. v. Young 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, D080660

Plaintiff and Respondent, v. (Super. Ct. No. SCD293752)

DESHAWN M. YOUNG, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Affirmed. Nathanael Crowley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Deshawn M. Young pleaded guilty to possession of a loaded firearm in public (Pen. Code, § 25850, subd. (a)) and misdemeanor possession of cocaine (Health and Saf. Code, § 11350, subd. (a)). Young was granted probation for two years subject to various conditions. One of the conditions of probation required that Young use “no marijuana at all.” Young did not object to the condition. Young filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) 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 offered Young the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS Young admitted he possessed a loaded firearm in public and that he possessed cocaine. DISCUSSION As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: Whether the trial court erred in imposing a “no marijuana use” condition in light of the convictions for possession of cocaine and a loaded firearm. We have reviewed the entire record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Young on this appeal.

2 DISPOSITION The judgment is affirmed.

HUFFMAN, J.

WE CONCUR:

McCONNELL, P. J.

IRION, J.

Cites, in this corpus