Background
On September 5, 2024, Deshon Dubose approached the driver's side of one tow-truck driver's truck with a raised pickaxe, as if to swing it, and then struck the rear of another tow-truck driver's truck with the pickaxe. The information charged Dubose with two counts of assault with a deadly weapon and alleged several prior felony convictions and aggravating circumstances. On July 15, 2025, Dubose pled no contest to both charges and admitted the priors and aggravating circumstances. The trial court imposed a suspended five-year sentence and placed him on probation, requiring him to abstain from controlled substances and complete a 12-month residential recovery program at Gift of Life Recovery.
Gift of Life notified the trial court on August 8, 2025, that it had terminated Dubose from the program on August 3. The notice reported positive tests for PCP and THC, refusal to surrender his truck keys, and repeated program-rule violations. The trial court revoked Dubose's probation and held a contested hearing on the probation violation. Two staff members testified consistently with the notice. Dubose disputed their account, claiming permission to bring his truck and leave the premises, denying drug use in the program, and offering explanations for the positive tests. At the conclusion of the hearing, the trial court found that Dubose violated probation and imposed the previously suspended five-year sentence.
The Court’s Holding
The Court of Appeal treated the case as a Wende appeal. Appointed appellate counsel reviewed the record and filed an opening brief raising no arguable issues. Dubose was informed of his right to file a supplemental brief but did not do so. The court then independently examined the entire appellate record, as required by the procedure described in People v. Wende and People v. Kelly.
The court concluded that counsel had fully complied with her responsibilities and that no arguable issues existed. It further stated that counsel's compliance and the court's independent review provided Dubose adequate and effective appellate review of the judgment. The disposition was succinct: "The judgment is affirmed." The opinion did not identify a sentencing or probation error, modify the judgment, or remand for further proceedings.
Key Takeaways
- The underlying assault-with-a-deadly-weapon conduct occurred on September 5, 2024, when Dubose approached one tow-truck driver with a raised pickaxe and struck another driver's truck.
- On July 15, 2025, Dubose pled no contest and admitted the priors and aggravating circumstances, and the trial court imposed a suspended five-year sentence with probation conditions including a residential recovery program.
- After Gift of Life terminated Dubose from the program, the trial court revoked probation and held a contested hearing at which program staff and Dubose gave conflicting testimony about the violations.
- At the conclusion of that contested hearing, the trial court found a probation violation and imposed the previously suspended five-year sentence.
- Appointed appellate counsel filed a Wende brief raising no arguable issues, Dubose did not submit a supplemental brief, and the Court of Appeal independently examined the entire record before affirming the judgment.
Why It Matters
The decision illustrates the California Court of Appeal's application of the Wende procedure in an appeal following probation revocation and imposition of a previously suspended sentence. Its operative reasoning concerns the adequacy of appellate review: counsel's compliance, notice of the opportunity to file a supplemental brief, and the court's own examination of the record supported the conclusion that no arguable issues existed.
The opinion is expressly not to be published in the official reports and is subject to the citation restrictions stated in California Rules of Court, rule 8.1115. It resolves Dubose's appeal by affirming the judgment but does not announce a new rule governing probation revocation, drug testing, or sentencing.
Read the full opinion (PDF) · Court docket