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People v. Cavanagh

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX
Jan 10, 2012
2d Crim. No. B229239 (Cal. Ct. App. Jan. 10, 2012)

Opinion

2d Crim. No. B229239 Super. Ct. No. CR39815

01-10-2012

THE PEOPLE, Plaintiff and Respondent, v. PETER J. CAVANAGH, Defendant and Appellant.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115 .

(Ventura County)

Peter J. Cavanagh appeals the order revoking and reinstating his probation with terms and conditions including that he serve 365 days in county jail.

On March 3, 2005, appellant pleaded guilty to two felony counts of knowingly withholding disability insurance deductions from remuneration paid to his workers, in violation of Unemployment Insurance Code section 2110. He was placed on 48 months formal probation with various terms and conditions, including that he pay $300 a month in restitution.

On February 7, 2008, the court found appellant in violation of probation. Probation was subsequently revoked and reinstated on all original terms and conditions, with the additional condition that he serve 90 days in the county jail. Appellant was also ordered to obtain a valid business license, provide a complete financial disclosure to probation as contemplated in subdivision (f)(5) of Penal Code section 1202.4, and comply with all local, city, and state regulations. At a further sentencing hearing on April 8, 2008, the court imposed a term of two years eight months in state prison, ordered execution of the sentence stayed pending appellant's successful completion of his probation, and modified the previously imposed jail time to 30 days. As a further condition of probation, appellant was prohibited from being self-employed or working for a family member. We subsequently affirmed the court's order on appeal. (People v. Cavanagh (June 17, 2010, B207066) [nonpub. opn.].)

On June 2, 2009, the probation department directed appellant to obtain a financial evaluation from the collections department. The collections department subsequently reported that a financial evaluation could not be completed because appellant refused to comply with the requirement that he provide evidence of his spouse's income. On September 3, 2009, appellant was cited by the city of Oxnard after code enforcement officers discovered that he was operating a refill toner cartridge business out of his garage without a business license. City inspectors subsequently searched appellant's garage and found large amounts of hazardous and flammable liquids.

On August 9, 2010, appellant was charged with violating his probation by operating a business out of his residence and failing to provide a complete financial disclosure. Following a contested probation violation hearing, appellant was found in violation of probation. Probation was revoked and reinstated on the condition that appellant serve 365 days in county jail. Appellant was also awarded custody credit and was ordered to pay a $200 restitution fine. Appellant's probation was subsequently extended until August 2, 2012.

We appointed counsel to represent appellant on appeal. After counsel filed a brief raising no issues and requesting our independent review pursuant to People v. Wende (1979) 25 Cal.3d 436, we notified appellant that he had 30 days in which to advise us of any claims he wished us to consider. Appellant subsequently sought and was granted three extensions of time to file a supplemental brief. His third and final request for an extension of time was granted to October 3, 2011. No brief was filed. We denied appellant's motion for an order relieving his current counsel, appointing new counsel and striking the brief. We also denied appellant's motion to recuse the justices of this division from deciding the appeal.

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)

The judgment (order revoking probation) is affirmed.

NOT TO BE PUBLISHED.

PERREN, J. We concur:

GILBERT, P.J.

YEGAN, J.

Rebecca S. Riley, Judge Superior Court County of Ventura

Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


Summaries of

People v. Cavanagh

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX
Jan 10, 2012
2d Crim. No. B229239 (Cal. Ct. App. Jan. 10, 2012)
Case details for

People v. Cavanagh

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. PETER J. CAVANAGH, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

Date published: Jan 10, 2012

Citations

2d Crim. No. B229239 (Cal. Ct. App. Jan. 10, 2012)