Opinion
B297906
08-07-2020
THE PEOPLE, Plaintiff and Respondent, v. GAYLORD STANLEY DAVIS, Defendant and Appellant.
Eric E. Reynolds, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. BA460742) APPEAL from an order of the Superior Court of Los Angeles County, James R. Dabney, Judge. Affirmed. Eric E. Reynolds, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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FACTUAL AND PROCEDURAL BACKGROUND
On September 12, 2017 Gaylord Stanley Davis pleaded guilty to second degree burglary (Pen. Code, § 459) and admitted he had three prior serious or violent felony convictions within the meaning of the three strikes law. (Pen. Code, §§ 667, subd. (i)-(j), 1170.12.) Over the People's objection, the trial court dismissed the prior conviction allegations under Penal Code section 1385.
At the March 2, 2018 sentencing hearing the court suspended imposition of sentence and placed Davis on three years of formal probation on condition he serve 360 days in county jail with credit for time served. One of the conditions of Davis's probation was that he obey all laws.
On January 3, 2019 the court summarily revoked Davis's probation following his arrest for unlawfully driving or taking a vehicle in violation of Vehicle Code section 10851. The court remanded Davis to custody and set a probation violation hearing.
On February 22, 2019 Davis admitted he violated probation by failing to obey all laws. The court revoked probation and sentenced Davis to the middle term of two years in state prison for second degree burglary. The court also imposed statutory fines, fees, and assessments and awarded Davis 468 days of custody credits. Davis timely filed a notice of appeal, but he did not obtain a certificate of probable cause and indicated he did not intend to challenge the validity of his admission he violated probation. On June 5, 2019 this court entered an order under Penal Code section 1237.5 limiting Davis's appeal to issues that do not require a certificate of probable cause.
The probation report indicated Davis, among other violations, failed to report to his probation officer. --------
DISCUSSION
We appointed counsel to represent Davis on appeal. After reviewing the record, counsel filed a brief raising no issues. On January 21, 2020 we notified Davis he had 30 days to submit a brief or letter raising any grounds of appeal, contentions, or arguments he wanted the court to consider. We have not received a response. We have examined the record and are satisfied that appellate counsel for Davis has complied with his responsibilities and that there are no arguable issues. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284 ; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende (1979) 25 Cal.3d 436, 441-442.)
DISPOSITION
The order revoking probation and imposing a two-year prison sentence is affirmed.
SEGAL, J. We concur:
PERLUSS, P. J.
FEUER, J.