Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. PA043255, Barbara Scheper, Judge.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
WILLHITE, Acting P.J.
Jorge P. Lopez appeals from the judgment entered sentencing him to prison for the middle term of two years following an order revoking probation. He previously pled no contest to count 1, grand theft auto (Pen. Code, § 487, subd. (d)) and count 2, unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)).
On June 12, 2003, imposition of sentence was suspended and he was placed on formal probation for three years under certain terms and conditions including that he spend 270 days in jail with credit given for 192 days in custody, and that he obey all laws and orders of the court and all rules and regulations of the probation department. Pursuant to plea negotiations, count 2 was dismissed.
On February 20, 2004, appellant failed to appear for a probation violation hearing and probation was revoked. A no bail warrant was issued for his arrest.
On November 3, 2008, appellant appeared in court for a probation violation hearing. It was reported that appellant had been picked up or had surrendered on the bench warrant. The court ordered a supplemental probation report, probation remained revoked, and the matter was continued for further proceedings.
On January 7, 2009, the court conducted a probation violation hearing. Deputy Probation Officer Stephan Brame testified he was not appellant’s probation officer but had brought records to court from the probation department concerning appellant. At the time of the hearing, appellant’s supervising probation officer was no longer employed by the probation department.
The records indicated appellant had reported to the probation department on July 23, 2003, and on August 27, 2003. Thereafter, he deserted probation, and a bench warrant for his arrest was issued on February 20, 2004. Records indicated that on October 19, 2003, appellant was convicted of inflicting corporal injury to a spouse or cohabitant in violation of Penal Code section 273.5 and that appellant was, thereafter, deported. Records indicated appellant was arrested on November 1, 2008, for driving under the influence of alcohol or drugs in violation of Vehicle Code section 23152. Between August 27, 2003, and November 1, 2008, no one from the probation department had seen or heard from appellant.
The court found appellant in violation of probation having failed to report to the probation department both before and after he was deported, when he was clearly in the country as evidenced by his convictions. The court also found appellant had violated probation by incurring the two convictions.
After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On June 16, 2009, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The judgment is affirmed.
We concur: MANELLA, J., SUZUKAWA, J.