Opinion
NOT TO BE PUBLISHED
Alameda County Super. Ct. No. C152887
Siggins, J.
Terrell Gardner appeals his conviction after his no contest plea to sale of marijuana. Counsel has briefed no issues and asks for record review of the proceedings that led to his conviction. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has not filed a supplemental brief. We have reviewed the record and affirm.
According to the probation report, defendant was arrested on January 12, 2006, by an undercover police officer who bought $20 worth of marijuana from him. On March 10, 2006, defendant was charged with sale of marijuana. On June 26, 2006, he pled no contest to that charge, after waiving his constitutional rights. The proposed plea agreement provided that defendant would be placed on five years of felony probation, with a four-way search clause, including conditions that he stay away from his codefendant and 300 yards away from the intersection where the offense occurred. Defendant would also receive credit for time served, was released from custody pending sentencing, and waived his right under People v. Cruz (1988) 44 Cal.3d 1247, to withdraw his plea if sentenced other than provided by the plea bargain.
At the time of his arrest, there was an outstanding bench warrant for defendant’s arrest that was issued in June 2005, after probation was revoked in an earlier case where defendant was convicted of possession of concentrated cannabis. In February 2006, defendant was sentenced to two years in prison in that earlier case, with 475 days credit for time served. On June 21, 2006, he was returned to custody, after completing his earlier prison sentence.
In July 2006 while defendant was released pending sentencing in the current case, he was arrested on a new charge of possession of cocaine base for sale. In September 2006, the court below denied defendant’s motion to withdraw his no contest plea to sale of marijuana. When it denied defendant’s motion to withdraw his plea, the court indicated it would impose an additional condition of one year in county jail because defendant violated the terms and conditions of his release and he had waived his rights under People v. Cruz, supra, 44 Cal.3d 1247.
On the same day that defendant’s motion to withdraw his plea in this case was denied, defendant entered a no contest plea in the new case. Imposition of sentence was suspended and defendant was placed on five years of probation, with credit for one day of time served.
On October 26, 2006, the court suspended imposition of sentence and placed defendant on five years probation, with conditions including one year in county jail and the stay away order to which defendant had agreed. The court also imposed a $50 crime lab analysis fee, a $100 drug program fee, a $100 probation investigation fee, a $20 court security fee, a $200 restitution fine, and a stayed parole revocation fine in the same amount. The court rejected defendant’s request for custody credits for the time he spent in prison pursuant to the revocation of probation in his earlier case, and awarded him 150 days of presentence custody credit in the current case. Defendant timely appealed.
Defendant was represented by counsel at all stages of the proceedings. He was fully advised of his rights, and of the consequences of his plea. There was no error in the sentence imposed. Appellate counsel advised defendant of his right to file a supplemental brief in this court within 30 days of counsel’s opening brief, but no supplemental brief has been filed. Full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
We concur: Parrilli, Acting P.J., Pollak, J.