Opinion
NOT TO BE PUBLISHED
San Francisco County Super. Ct. No. 196408
Pollak, Acting P. J.
Defendant Damon Brown appeals from a judgment revoking his probation and sentencing him to three years in prison. His appointed counsel on appeal has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting the court to make an independent review of the record. After being advised of his right to do so, defendant has filed no supplemental brief. Having conducted an independent review of the record, we find no issue of colorable merit and shall affirm.
Background
In November 2005, defendant pled guilty to a felony count of making a criminal threat. (Pen. Code, § 422.) Imposition of sentence was suspended and defendant was placed on probation for three years. Thereafter, defendant suffered a number of contempt charges including one in October 2007, which resulted in the extension of his probation, a 365-day jail sentence, and a condition that he complete a residential treatment program. In December 2007, defendant was released from jail to the Salvation Army residential treatment program. He was discharged approximately one month later based on an alleged theft.
In February 2008, the District Attorney moved to revoke defendant’s probation based on his discharge from the Salvation Army program and his commission of a new offense. On the same day defendant was charged with one count of burglary (Pen. Code, § 459) and one count of providing false identification to a police officer (Pen. Code, § 148.9, subd. (a)).
After a contested probation revocation hearing, the court found that defendant had violated his probation by burglarizing a car, giving a false name to the arresting police officer, and failing to complete the residential treatment program. Defendant’s probation was revoked and he was sentenced to the aggravated term of three years in prison. Defendant filed a timely notice of appeal.
Discussion
Substantial evidence supports the trial court’s finding that defendant violated the terms of his probation. (People v. Kurey (2001) 88 Cal.App.4th 840, 848-849.) Defendant admitted that there were “some violations of probation.” He admitted that he did not complete the residential treatment program and that he gave a false name to the police officer when he was arrested for the burglary. He denied, however, that he committed the burglary. Defendant’s admissions alone are sufficient to support the trial court’s finding that he violated probation. Nonetheless, we note that there is also substantial evidence to support the trial court’s additional finding that defendant violated probation by committing an auto burglary. The burglary victim testified at the revocation hearing that he saw defendant exiting his van at about 2:30 in the morning, that he had locked his van the prior evening, and that when he examined it after the break-in a window lock had been broken. The victim testified that numerous items were missing from his van after the burglary.
The trial court did not abuse its discretion by refusing to reinstate defendant to probation. (People v. Rodriguez (1990) 51 Cal.3d 437, 439-442.) The court noted that defendant had violated his prior parole five times and that while on probation in the present case, at least four bench warrants had issued for probation violations. Nor did the trial court abuse its discretion in sentencing defendant to the aggravated term of three years in prison. The court properly imposed the aggravated term based on defendant’s numerous prior convictions. (Cal. Rules of Court, rule 4.421(b)(2).) The record reflects that defendant was convicted of felony grand theft in 1991; felony robbery in 1995; misdemeanor resisting arrest in 1995; misdemeanor receiving stolen property in 1997; misdemeanor battery in 2003; misdemeanor violating domestic violence restraining order in 2005; felony selling a controlled substance in 2005.
Defendant was adequately represented by counsel throughout the proceedings.
Disposition
The judgment is affirmed.
We concur: Siggins, J., Jenkins, J.