Opinion
NOT TO BE PUBLISHED
Super. Ct. No. SF085777B
BUTZ, J.In August 2002, defendant Sonya Lynn Westmorland was a passenger in a car with license plates that belonged on a different car. When police stopped the car, an officer noticed that defendant was gripping something in her hand. The officers asked her to step from the car. After a brief struggle, defendant dropped objects containing cocaine base. She spontaneously remarked, “That’s just a dime hit.” She was arrested and transported for further processing.
Because the case was resolved without trial, our statement of facts is taken from the probation officer’s report.
In December 2002, defendant pleaded guilty to possession of cocaine. (Health & Saf. Code, § 11350, subd. (a).) She was sentenced to state prison for two years. Execution of sentence was suspended and defendant was placed on probation for five years on the conditions, among others, that she obey all laws and pay a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)) and a $20 administrative surcharge.
In August 2007, an affidavit for order to show cause was filed declaring upon information and belief that defendant had violated her probation by failing to obey all laws. Specifically, she had violated Vehicle Code section 10851.
At an evidentiary hearing, Dewey Lee testified that he visited defendant at her home in July 2007. He drove her to a store and back. Later that evening, she invited him to spend the night in her living room. She and her husband were home when Lee went to sleep. But when he awoke the next morning, no one was in the home except him. His car keys and his car were gone. Lee did not give defendant permission to take the car; nor did he give her the keys to the car. He had let her use the car in the past, but not on this occasion.
Two days later, Lee reported the theft to police. Two days after that, police observed the car in a parking lot. Defendant was asleep in the front passenger seat. The keys were in the car.
Defendant testified that she and her husband had asked Lee for a ride. Lee said that he was tired and that he would let them use his car if they would “help [him] out” with a “hit.” Instead they gave Lee $20 for the use of the car and he gave defendant’s husband the keys. Lee was awake when they left.
Defendant and her husband departed. They subsequently got into a fight, and the husband walked away. Defendant then discovered that Lee’s car would not start. She left the car near a gas station and spent the night with a friend. Two days later another friend, a mechanic, was able to get the car to start. The friend drove defendant in Lee’s car toward her home and stopped at a store along the way. At the store, defendant fell asleep and was later contacted by police.
The trial court found that defendant violated her probation by violating Vehicle Code section 10851 as alleged in the affidavit. It ordered the prison term executed, confirmed the $200 restitution fine, and imposed a $200 restitution fine suspended unless parole is revoked (Pen. Code, § 1202.45). Defendant was awarded 122 days of custody credit and 61 days of conduct credit.
Defendant appeals.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: BLEASE, Acting P.J., NICHOLSON, J.