Opinion
F041486.
11-25-2003
THE PEOPLE, Plaintiff and Respondent, v. VERNON DAVID LEE, Defendant and Appellant.
William Davies, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, and Carlos A. Martinez, Deputy Attorney General, for Plaintiff and Respondent.
OPINION
THE COURT
On December 10, 2001, appellant, Vernon David Lee, pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377) and admitted three prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). On that same date, the court placed Lee on probation pursuant to Proposition 36. On August 20, 2002, the court found that Lee violated his probation and sentenced him to an aggregate five-year term: the middle term of two years on the possession offense and 3 one-year prior prison term enhancements. On October 2, 2002, Lee filed a motion to reopen his revocation hearing based on the discovery of new evidence. On October 28, 2002, the court denied Lees motion.
Lees appellate counsel has filed a brief, which summarizes the facts, with citations to the record, raises no issues and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Lee has not responded to this courts invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable legal or factual issues exist. However, we note that the procedure employed by the Kern County Superior Court of setting preliminary hearings and probation revocation hearings contemporaneously may raise issues that are beyond the scope of this appeal and more appropriately raised through a petition for a writ of habeas corpus.
The judgment is affirmed.