Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County No. F07400072, Rosendo Pena, Jr., Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Levy, Acting P.J., Cornell, J., and Gomes, J.
Daniel Wallace Guinn appeals from a postjudgment order revoking probation and imposing a previously stayed prison sentence after he admitted failing to comply with the trial court’s order to participate in a drug treatment program and submit to drug testing. Without raising any issues on appeal, Guinn asks this court to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436.
According to Guinn’s probation report, police officers responded to a report of suspicious activity at a Fowler residence on the evening of November 6, 2006. A woman answered the door and stated her husband, Guinn, had just left to purchase drugs. The officers learned Guinn had two outstanding domestic violence warrants and confirmed the color and make of his vehicle.
About 40 minutes later, officers observed Guinn’s vehicle, conducted a stop, discovered his driver license had been suspended, and arrested him on the outstanding warrants. The officers found a plastic baggie containing a white powdery substance, later confirmed to be 1.923 grams of cocaine, inside an open package of cigarettes that Guinn was holding. At the police station, officers also discovered a piece of foil containing a black tar-like substance, later discovered to be 0.167 grams of heroin, in Guinn’s pant pocket.
On November 28, 2007, Guinn pled guilty to two felony counts of possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)) and admitted a prior serious felony conviction (Pen. Code, §§ 667, subd. (b)-(i), 1170.12, subds. (a)-(d)). On January 29, 2008, the trial court dismissed the prior conviction and sentenced Guinn to an upper prison term of three years for the first count plus a consecutive eight months (one-third the middle term) for the second count. The trial court stayed the prison sentence and placed Guinn on formal probation for two years and in the county jail for 365 days, with credit for 193 days. The court also ordered Guinn to pay a $200 restitution fine, a suspended $200 probation fine, a $20 court security fee, and a $50 lab fee, and to enroll in and complete a treatment program as directed by probation.
On November 7, 2008, Guinn admitted violating probation by not completing his treatment program through the Fresno Rescue Mission and by testing positive for methamphetamine. The trial court then denied Guinn’s grant of probation and reinstated the previously imposed prison term of three years eight months, with credit for 464 days, and ordered Guinn transported to Wasco State Prison. The court also ordered an additional $100 fine and a suspended parole-related $200 fine.
Guinn timely filed a notice of appeal on November 12, 2008. Guinn’s appointed appellate counsel filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. The opening brief also includes the declaration of counsel indicating that appellant was advised he could file his own brief with this court. By letter dated February 17, 2009, we invited appellant to submit additional briefing, but he has not responded. After conducting our own independent review of the record, we find no reasonably arguable legal or factual issues. (People v. Johnson (1981) 123 Cal.App.3d 106, 109-110.)
The judgment is affirmed.