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People v. Archangel

California Court of Appeals, Third District, San Joaquin
Jul 2, 2008
No. C057233 (Cal. Ct. App. Jul. 2, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. KEVIN LAMAR ARCHANGEL, Defendant and Appellant. C057233 California Court of Appeal, Third District, San Joaquin July 2, 2008

NOT TO BE PUBLISHED

Super. Ct. No. SF101227A

ROBIE, J.

The trial court suspended execution of a 16-month prison sentence and placed defendant Kevin Lamar Archangel on five years of formal probation after he pled no contest to possession of a controlled substance. Defendant was ordered to pay specified fees and fines.

Within the next 10 months, the People filed two affidavits alleging defendant violated probation based on charges pending against him for battery on L. J. on May 31, 2007, for threatening L. J. with a deadly weapon and two counts of violating a protective order on July 19, 2007.

Following a contested hearing, the court found defendant violated probation by violating the protective order, inflicting injury on L. J., and making threats against her. The court revoked probation, executed the previously-imposed 16-month prison sentence (minus 118 days of custody credit) and ordered that defendant pay specified fees and fines.

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 elapsed, and we received no communication from defendant.

Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.

DISPOSITION

The judgment is affirmed.

We concur: SIMS , Acting P.J., NICHOLSON , J.


Summaries of

People v. Archangel

California Court of Appeals, Third District, San Joaquin
Jul 2, 2008
No. C057233 (Cal. Ct. App. Jul. 2, 2008)
Case details for

People v. Archangel

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KEVIN LAMAR ARCHANGEL, Defendant…

Court:California Court of Appeals, Third District, San Joaquin

Date published: Jul 2, 2008

Citations

No. C057233 (Cal. Ct. App. Jul. 2, 2008)