Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County. Super. Ct. No. FMB007004, Bert L. Swift, Judge.
Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RICHLI, J.
Pursuant to a plea agreement in 2005, defendant Scott Roy Bradley, represented by counsel, pled guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) in exchange for a deferred entry of judgment and participation in a diversion drug program (Pen. Code, § 1000). Defendant subsequently failed to complete the diversion program and was placed on Proposition 36 probation. He later violated the terms of his probation. His probation was revoked and defendant was sentenced to the upper term of three years in state prison. Defendant appeals from the judgment.
I
FACTUAL AND PROCEDURAL BACKGROUND
In February 2005, defendant admitted to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) in exchange for a deferred entry of judgment and participation in a diversion drug program (Pen. Code, § 1000).
Initially, defendant was in compliance with the diversion program, and the trial court scheduled a hearing in November 2006 to withdraw the guilty plea and dismiss the case. However, in July 2006, the court found that defendant had failed to complete the diversion program and criminal proceedings were reinstated.
In August 2006, defendant was placed on Proposition 36 probation. (Pen. Code, § 1210.1.) In October 2006, defendant again failed to appear and his probation was revoked but it was again reinstated.
On January 8, 2007, probation was revoked once more for defendant’s failure to appear. On January 22, 2007, defendant admitted possessing alcohol during a home visit by the probation department. The court reinstated his Proposition 36 probation.
Once again, in March 2007, defendant’s probation was revoked for failing to appear for a February 21, 2007, office visit and drug test. In May 2007, defendant was accepted into drug court pursuant to a negotiated plea agreement. Defendant executed a waiver of his Penal Code section 4019 credits and a “Cunningham waiver” of any right to a jury trial on aggravating sentencing factors in the event of future probation revocations.
Cunningham v. California (2007) 549 U.S. 270.
However, in July and October 2007, defendant failed to appear at scheduled review hearings. His probation was revoked at each hearing, but was eventually reinstated.
Defendant again failed to appear for a review hearing in July 2008, and his probation was revoked. On November 10, 2008, the court declined to reinstate defendant’s probation and sentenced defendant to the upper term of three years in state prison. The court granted 125 actual days of credit but no conduct credits pursuant to Penal Code section 4019.
II
DISCUSSION
Defendant 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, setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting that this court 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.
III
DISPOSITION
The judgment is affirmed.
We concur: HOLLENHORST, Acting P.J. McKINSTER, J.