Opinion
E045816
1-6-2009
THE PEOPLE, Plaintiff and Respondent, v. MIGUEL ANGEL FIERRO, Defendant and Appellant.
Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Not to be Published in Official Reports
On July 5, 2007, the District Attorney of San Bernardino County filed a felony complaint which charged defendant, Miguel Angel Fierro, with one count of possession of ammunition by a person prohibited from possessing a firearm (Pen. Code, § 12316, subd. (b)(1), (count one)), and in count two with possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). On July 11, 2007, pursuant to section 859a, defendant, represented by counsel, withdrew his plea of not guilty and entered a plea of guilty to both counts. The negotiated disposition also included defendants admission to a violation of probation in case No. FVI023301. The disposition included credit for time served in the InRoads program and it was ordered to run concurrent with the sentence in the probation violation.
Thereafter, on August 17, 2007, defendant was placed on a formal grant of probation for 36 months with various terms and conditions of probation including a commitment of 365 days with credit for time served, and completion of the InRoads program. In case No. FVI023301, defendants probation was reinstated and the terms and conditions of probation were modified to be consistent with probation in case No. FVI701414, the current case.
On April 18, 2008, the probation department filed a petition to revoke appellants probation. On May 13, 2008, defendant, represented by counsel, admitted the violation of probation. Thereafter, defendants probation was revoked and he was commited to state prison for two years and eight months and awarded the appropriate custody credits.
On May 20, 2008, defendant filed a notice of appeal challenging his sentence and admission to probation violation.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur:
HOLLENHORST, J.
GAUT, J. --------------- Notes: All further statutory references are to the Penal Code unless otherwise indicated.