Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from the Superior Court of San Bernardino CountySuper.Ct.No. FSB050537, Brian S. McCarville, Judge. Affirmed.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
HOLLENHORST, Acting P.J.
Defendant and appellant Clifford Devon Benton was charged with auto theft. (Veh. Code, § 10851, subd. (a).) It was further alleged that he was previously convicted of a violation of Vehicle Code section 10851, subdivision (a), pursuant to Penal Code section 666.5. In addition, it was alleged that defendant had suffered a prior strike conviction (§§ 1170.12, subds. (a) – (d) & 667, subd. (b) – (i)) and that he had served three prior prison terms. (§ 667.5, subd. (b).) Defendant entered a plea agreement and pled guilty to the auto theft and one prison prior. In exchange, the court sentenced defendant to a total term of four years and dismissed the remaining allegations. The court suspended the sentence and placed defendant on probation for a period of three years. His probation terms included the requirements that he violate no law and not use or possess any controlled substance. Following a subsequent Vickers hearing, the court found that defendant violated his probation and imposed the four-year prison term.
All further statutory references will be to the Penal Code unless otherwise indicated.
People v. Vickers (1972) 8 Cal.3d 451 (Vickers).
Defendant filed a notice of appeal following the contested probation violation. We affirm.
PROCEDURAL BACKGROUND
The People filed a petition to revoke defendant’s probation. At the Vickers hearing, Officer Ernest Luna testified that he responded to a call concerning some narcotics activity on July 29, 2006. He saw a Black male, later identified as defendant, walking down the street. When Officer Luna called him, defendant started running away. The officer pursued defendant and took him into custody. Defendant appeared nervous and was shaking. The officer observed that defendant’s pupils were dilated and that his tongue was coated with a white substance. The officer administered a field sobriety test and determined that defendant was under the influence of a stimulant. After defendant waived his Miranda rights, he admitted that he just smoked $50 worth of rock cocaine.
Miranda v. Arizona (1966) 384 U.S. 436.
DISCUSSION
Dependant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case and a summary of the facts, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: GAUT, J., MILLER, J.