Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County No. F04906709-1, John J. Gallagher, Judge. (Retired judge of the superior court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.)
Grace Lidia Suarez, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Harris, Acting P.J., Levy, J. and Gomes, J.
On October 6, 2004, a felony complaint charged Tammy Lynn Simpson with possession of methamphetamine and possession of paraphernalia on September 23, 2004. (Health & Saf. Code, § 11377, subd. (a); Health & Saf. Code, former § 11364.) On January 25, 2005, she pled guilty to possession of methamphetamine in return for which the court ordered referral to the deferred entry of judgment program and dismissal of the possession of paraphernalia charge with the understanding that the maximum sentence she could receive as a result of her plea was three years in prison. (Pen. Code, § 1000.)
On June 7, 2005, the court granted Simpson’s request to terminate her participation in the deferred entry of judgment program, ordered imposition of judgment suspended for two years, and admitted her to formal Proposition 36 probation. (Pen. Code, §§ 1210 et seq.) On February 21, 2006, she admitted a probation violation (her first) due to a dirty test, on the basis of which the court revoked probation, reinstated probation without an own recognizance release, and referred her for in-custody substance abuse assessment. On March 7, 2006, the court ordered her into the treatment program the substance abuse specialist recommended and extended probation for two more years.
On June 13, 2006, Simpson admitted a probation violation (her second) due to six dirty tests, on the basis of which the court revoked probation, reinstated probation, and ordered her into a different treatment program. On August 17, 2006, the court observed she had four new dirty tests and four missed tests, ordered her into custody, and continued the arraignment on a pending violation of probation. On September 14, 2006, the court ordered her into a 30-day inpatient treatment program, continued the arraignment on the pending violation of probation, and warned her she “could be looking at up to three years in state prison” if she did not stop using methamphetamine.
On January 4, 2007, Simpson failed to appear to show compliance, and the court issued a bench warrant. On February 10, 2007, she was taken into custody on the bench warrant. On February 15, 2007, the court ordered an in-custody referral to another treatment program. On March 29, 2007, the court continued the arraignment on the pending violation of probation, released her from custody, and ordered her to enroll in another treatment program. On May 1, 2007, she failed to appear to show compliance, and the court issued a bench warrant.
On July 26, 2007, Simpson admitted a probation violation (her third) due to 18 dirty tests, on the basis of which the court found her no longer eligible for Proposition 36 services and placed her on probation on condition that she serve 365 days in custody with 263 days of credits (155 actual, 77 good time/work time, and 31 treatment). On October 29, 2007, her appellate counsel filed an appellant’s opening brief requesting us to conduct an independent review of the entire record and informing us she not only sent the transcripts to Simpson but also advised her of her right to file a supplemental brief within 30 days. On October 29, 2007, we advised Simpson she had 30 days within which to submit a letter stating any grounds of appeal she wanted us to consider. No response has been received to date.
We have examined the entire record and are satisfied that Simpson’s appellate counsel has fully complied with her professional responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.