Opinion
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Los Angeles County No. BA330374 Judith Champagne, Judge.
Johanna R. Pirko, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
WOODS, J.
Defendant Paul Jose Gonzalez appeals from the postjudgment order revoking probation and sentencing him to 16 months in state prison.
On May 6, 2007, defendant entered a negotiated plea of no contest to grand theft of personal property (Pen. Code, § 487, subd. (a)) after he failed to deliver a motorcycle that he sold to Daniel Tuggle for $6,000. Imposition of sentence was suspended and defendant was placed on three years of formal probation on condition that he perform 25 days of Caltrans service and pay $6,000 in restitution to Tuggle.
On November 5, 2008, defendant’s probation was summarily revoked and a bench warrant was issued for his arrest after the probation officer reported defendant had failed to perform any Caltrans service and to make any restitution payments. On December 8, 2008, defendant appeared in court and the bench warrant was recalled.
After finding defendant in violation of probation, the trial court agreed to reinstate probation on the same terms and conditions.
On June 8, 2009, the trial court found defendant in violation of probation for failing to perform any Caltrans service and to make any restitution payments. The court reinstated probation on the same terms and conditions.
On March 8, 2010, the trial court revoked defendant’s probation and scheduled a contested violation hearing. At the April 6, 2010 hearing, defendant’s probation officer testified defendant had paid only $250 in victim restitution, even though his monthly payments had been reduced from $100 to $25, and he failed to perform any Caltrans service. At the conclusion of the hearing, the trial court found defendant’s testimony that he could not afford to make the monthly restitution payments not credible. The court found defendant in violation of probation, declined to reinstate probation and sentenced defendant to the middle state prison term of two years for grand theft of personal property. The court ordered defendant to pay a $30 court security fee, a $30 criminal assessment fee, a $200 restitution fine, and $6,000 in victim restitution to Daniel Tuggle. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45. Defendant was awarded 64 days of presentence credit (32 actual days and 32 days of conduct credit).
On April 6, 2010, defendant filed a notice of appeal from the judgment and order revoking his probation.
On May 3, 2010, defendant made a motion for reconsideration of his sentence in view of his $6,980 payment of victim restitution on April 12, 2010, six days after sentence was imposed. Defendant requested the trial court modify his sentence to a grant of probation and allow him to complete his Caltrans service. The trial court agreed to modify his state prison sentence to the lower term 16 months. Defendant filed a separate notice of appeal from the order.
We appointed counsel to represent defendant on appeal and ordered consolidated his two pending appeals.
After examination of the record counsel filed an opening brief in which no issues were raised. On October 19, 2010, we advised defendant he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied defendant’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)
The postjudgment order revoking probation and imposing a state prison sentence of 16 months is affirmed.
We concur: PERLUSS, P. J., ZELON, J.