Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC329150
Rushing, P.J.
Defendant Elton Flenaugh appeals from a judgment entered after he admitted a probation violation. Defendant was placed on probation on May 20, 2004, after he pleaded no contest to one count attempted second degree robbery (Pen. Code, §§ 664, 211, 212.5, subd. (c)), one count felony failure to appear while released on bail (Pen. Code, § 1320.5), and one count use of an altered, stolen, or counterfeit access card (Pen. Code, §§ 484g, subd. (a), 487). On February 10, 2005, a petition for modification of probation was filed and on April 21, 2005, defendant admitted to the enumerated violations in exchange for a promised sentence to state prison for two years. The court then sentenced defendant pursuant to the terms of the bargain and awarded a total of 632 days presentence credit, and imposed a restitution fine.
Defendant failed to file a timely notice of appeal, but this court granted defendant relief from his default. Defendant then filed a notice of appeal raising sentencing error as his only issue. We appointed counsel to represent defendant in this court.
Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
Disposition
The judgment is affirmed.
WE CONCUR: PREMO, J., ELIA, J.