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People v. Brown

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Jan 24, 2012
H035997 (Cal. Ct. App. Jan. 24, 2012)

Opinion

H035997

01-24-2012

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY BROWN, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Monterey County Super. Ct. No. SS901715)

Defendant Anthony Brown appeals from an order finding him in violation of probation and imposing a previously suspended prison sentence. On October 8, 2009, defendant pleaded no contest to one count of spousal battery with a traumatic injury (Pen. Code, § 273.5 subd. (a)), and admitted a domestic violence prior as well as two prison priors. (Pen. Code, § 667.5, subd.(b).) The trial court sentenced defendant to the aggravated term of five years in state prison for the substantive offense and two years for the two prison priors. The court suspended imposition of the sentence and placed defendant on probation for four years.

On May 14, 2010, defendant was apprehended driving a stolen vehicle and admitted to police he had exchanged the vehicle for some drugs a week earlier. On May 21, 2010, the Monterey County Probation Department filed a notice of violation of probation alleging that defendant had been arrested for auto theft in violation of Vehicle Code section 10851, subdivision (2) and that he had been associating with people who used or trafficked in drugs. On the day of the hearing the district attorney amended the petition alleging a violation of probation to include a violation of Penal Code section 496, receiving stolen property. After a hearing, the trial court revoked defendant's probation and imposed the previously suspended sentence of seven years in state prison. This timely appeal ensued.

On appeal, appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. Thirty days have elapsed and we have not received anything from the defendant.

In addition to the Wende brief, appellate counsel filed a verified petition for writ of habeas corpus in this court. This court ordered the appeal and petition to be considered together and asked for an informal response to the petition. The Attorney General filed a response on October 18, 2011 and thereafter, on November 1, 2011 counsel for appellant filed a reply thereto. We dispose of the petition by separate order filed concurrently herewith.

Pursuant to our obligation as set forth in People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record on appeal. We conclude that there are no arguable issues. Therefore, we will affirm the judgment.

DISPOSITION

The judgment is affirmed.

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RUSHING, P.J.
WE CONCUR:

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PREMO, J.

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ELIA, J.


Summaries of

People v. Brown

COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT
Jan 24, 2012
H035997 (Cal. Ct. App. Jan. 24, 2012)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ANTHONY BROWN, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

Date published: Jan 24, 2012

Citations

H035997 (Cal. Ct. App. Jan. 24, 2012)