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People v. Bartley

Court of Appeals of California, First Appellate District, Division Five.
Nov 17, 2003
A102428 (Cal. Ct. App. Nov. 17, 2003)

Opinion

A102428.

11-17-2003

THE PEOPLE, Plaintiff and Respondent, v. GREGORY BARTLEY, Defendant and Appellant.


Gregory Bartley appeals from the revocation of his probation. Appellants court appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

In February 2000, the court sentenced appellant to the aggravated term of four years in state prison for the corporal injury of a spouse or cohabitant (Pen. Code, § 273.5). The court stayed execution of the sentence for a period of three years.

In January 2003, the probation department moved to revoke appellants probation based on an alleged incident in which appellant became intoxicated and broke into an apartment.

Appellant admitted unlawfully entering anothers apartment while intoxicated.

The court permanently revoked appellants probation and imposed his previously stayed four-year commitment to state prison for the corporal injury of a spouse or cohabitant (§ 273.5). The court ordered appellant to pay an $800 restitution fine and granted him 42 days total presentence credit.

Appellant was represented by counsel throughout the proceedings.

Appellants probation revocation hearing comported with the due process requirements of People v. Vickers (1972) 8 Cal.3d 451.

There was no sentencing error.

There are no legal issues that require further briefing.

The order revoking appellants probation is affirmed.

We concur: Stevens, J. and Gemello, J. --------------- Notes: All statutory references are to the Penal Code.


Summaries of

People v. Bartley

Court of Appeals of California, First Appellate District, Division Five.
Nov 17, 2003
A102428 (Cal. Ct. App. Nov. 17, 2003)
Case details for

People v. Bartley

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. GREGORY BARTLEY, Defendant and…

Court:Court of Appeals of California, First Appellate District, Division Five.

Date published: Nov 17, 2003

Citations

A102428 (Cal. Ct. App. Nov. 17, 2003)