Opinion
C050837
5-4-2007
THE PEOPLE, Plaintiff and Respondent, v. WILLIE EARL BURRELL, JR., Defendant and Appellant.
NOT TO BE PUBLISHED
In case No. SF086660A defendant Willie Earl Burrell, Jr., pled no contest to possession of cocaine base for sale (Health & Saf. Code, § 11351.5) and misdemeanor failure to appear (Pen. Code, § 1320). In case No. SF087428A defendant pled no contest to possession of cocaine. (Health & Saf. Code, § 11350.) The trial court suspended imposition of the sentence and admitted defendant to five years formal probation.
In case No. TF031784A, defendant pled no contest to possession of marijuana in a county jail (Pen. Code, § 4573.8) and admitted to violating probation in case Nos. SF086660A and SF087428A. Pursuant to a stipulated sentence, the trial court imposed an upper term of three years in case No. TF031784A and concurrent three-year terms in case Nos. SF086660A and SF087428A, suspended all the terms, and admitted defendant to probation.
Defendant subsequently admitted to violating probation in all three cases and the trial court imposed the three-year term in case No. TF031784A, a concurrent three-year term in case No. SF086660A, and a concurrent 16-month term in case No. SF087428A. The court also imposed a $200 restitution fine and stayed a $200 parole revocation fine in each case, and imposed a $135 lab fee. Defendant was awarded 434 days credit (290 days of actual time and 144 days of good conduct) in case No. TF031784A, 500 days credit (334 days of actual time and 166 days of good conduct) in case No. SF086660A, and 182 days credit (122 days of actual time and 60 days of good conduct) in case No. SF087428A.
On November 1, 2002, police officers contacted defendant, searched him, and discovered cocaine base on his person.
On January 25, 2003, defendant was contacted by law enforcement and searched. The search revealed cocaine in defendants jacket pocket.
On or about June 8, 2003, defendant was found in possession of marijuana while incarcerated at the San Joaquin County Honor Farm.
On April 9, 2005, defendant, who was ordered to the Delancey Street program as part of his probation, left without completing the program.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court 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 of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur:
BLEASE, Acting P.J.
CANTIL-SAKAUYE, J.