Opinion
NOT TO BE PUBLISHED
Monterey County Super. Ct. Nos. SS042989 & MS222736.
McAdams, J.
In March 2005, Defendant Robert Rico entered pleas of no contest to felony possession of methamphetamine (Health & Saf. Code § 11377), misdemeanor threats of violence (Pen. Code § 422) and misdemeanor violation of restraining orders (Pen. Code § 166, subd. (c)(1)). Imposition of sentence was suspended for three years and he was placed on formal probation with a jail sentence and numerous terms including that he obey all laws, not use or possess alcohol or other drugs, submit to alcohol/narcotic tests, complete a domestic violence program, and stay away from and not annoy or disturb the peace of the family victims.
The original charges arose out of an incident on November 17, 2004, when defendant came to the home of his estranged wife in violation of a restraining order, kicking and banging on the front door and threatening to kill her if she did not let him in. He attempted to open a bedroom window but left in his vehicle when he became aware that the victim was telephoning the police. Defendant was stopped in his car nearby and during his arrest, methamphetamine was found in a small bag in his pants pocket.
In early 2006, defendant admitted a probation violation for failing to report to his probation officer, failing to attend domestic violence counseling and failure to obey all laws based on his arrest for domestic violence against his estranged wife. The arrest arose from two incidents, the first occurring on June 22, 2005, when defendant again came to the victim’s home, pushed her to the ground and grabbed her and then two days later, returned to the home and attempted to enter. The court sentenced defendant to a suspended prison sentence of two years and reinstated and extended probation with a further jail sentence and similar terms to the original probation in 2005.
On December 22, 2006, defendant was directed to report for a narcotics test after the probation office received information that he was “dealing and using methamphetamines.” He reported, but after two hours and large quantities of water, he failed to provide a urine sample. This failure resulted in the filing of another probation violation which defendant admitted on February 9, 2007. On March 29, 2007, he was sentenced to two years in prison. Defendant filed a timely notice of appeal.
DISCUSSION
We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and the facts but raises no specific issues.
We have notified defendant of his right to submit written argument in his own behalf within 30 days. The 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 we have concluded that there is no arguable issue on appeal. (See also People v. Kelly (2006) 40 Cal.4th 106, 124.)
DISPOSITION
The judgment is affirmed.
WE CONCUR: Bamattre-Manoukian, Acting P.J. Duffy, J.