Opinion
B288472
01-29-2019
THE PEOPLE, Plaintiff and Respondent, v. NAGI ALEX ELHADARY, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. BA440602) THE COURT:
On November 12, 2015, the Los Angeles County District Attorney's Office charged defendant and appellant Nagi Alex Elhadary with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1) and vandalism over $400 (Pen. Code, § 594, subd. (a); count 2). On January 7, 2016, pursuant to a plea bargain, defendant pleaded no contest to assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)). The trial court dismissed counts 1 and 2. It suspended imposition of sentence and placed defendant on probation for three years.
On January 25, 2017, defendant admitted a probation violation. He had not reported to probation since October 2016. The trial court ordered defendant to serve 44 days in jail, with credit for 44 days (22 actual days and 22 conduct credits), and reinstated probation. The trial court again ordered him to report to probation.
On March 15, 2017, the trial court revoked defendant's probation for his failure to appear and issued a bench warrant. Defendant was arrested on the bench warrant on August 28, 2017.
On March 9, 2018, the trial court conducted the probation violation hearing. It found defendant in violation of probation, terminated his probation, and sentenced him to the middle term of three years in county jail. It awarded him 504 days of presentence credits.
Defendant timely appealed.
Counsel was appointed to represent defendant in connection with this appeal. After examination of the record, counsel filed an "Opening Brief " in which no arguable issues were raised. On November 7, 2018, we advised defendant that he had 30 days within which to personally submit any contentions or issues for us to consider. Our notice to defendant was returned to us as not deliverable. According to the Los Angeles County Sheriff's Web site, defendant was released from custody. Defendant did not provide us with an address at which to contact him.
We have examined the entire record and we are satisfied that defendant's appellate counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441 (Wende).)
Defendant has, by virtue of counsel's compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment and sentence entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 123-124.)
The trial court's order is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS. /s/_________
ASHMANN-GERST, Acting P.J. /s/_________
CHAVEZ, J. /s/_________
HOFFSTADT, J.