Opinion
C051289
12-8-2006
THE PEOPLE, Plaintiff and Respondent, v. JEFFERY ALAN BROWN, Defendant and Appellant.
Defendant Jeffery Alan Brown pled no contest to vehicle theft and false imprisonment and, in September 2003, he was placed on probation under conditions including that he serve 240 days in county jail. According to the probation report, M.W. was sleeping in the back of a car when her fiancé left the car motor running and the air conditioner on while he went into a college administration office. M.W. was awakened when defendant got into the car and drove off. She screamed at him to stop but he refused to do so. As defendant turned out of the parking lot, M.S. jumped from the car.
In March 2005, a declaration and order was filed stating that defendant had violated his probation in numerous respects. At a hearing in October 2005, documents were introduced that established defendant had been convicted of driving under the influence of alcohol or drugs in 2004 and petty theft with a prior theft-related conviction in 2005. The court found that by committing these crimes, defendant had violated the condition of his probation that he obey all laws. After denying defendants request to be reinstated on probation, the court imposed the middle term of two years in prison on each of the underlying offenses and ordered them to be served concurrently.
Defendant appeals, and we appointed counsel to represent him on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date the opening brief was filed. More than 30 days have elapsed, and we received no communication from defendant. Having undertaken an examination of the record, we find no arguable error.
The judgment is affirmed.
We concur:
DAVIS, J.
NICHOLSON, J.