Opinion
NOT TO BE PUBLISHED
Superior Court County of Santa Barbara Nos.1208499, 1210180. George C. Eskin, Judge
California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
GILBERT, P.J.
Emma Leigh Gutierrez appeals orders revoking her probation in case nos. 1208499 and 1210180, and imposing four years and eight months imprisonment.
On January 12, 2006, Gutierrez waived her constitutional rights and pleaded nolo contendere to possession of cocaine and narcotics paraphernalia. (Health & Saf. Code, §§ 11350, subd. (a), 11364.) The trial court deferred entry of judgment. (Case No. 1208499.)
Three months later, the prosecutor charged Gutierrez with sale of cocaine, and possession of cocaine for sale. (Case No. 1210180.) Gutierrez waived her constitutional rights and pleaded no contest to the sale of cocaine. (Health & Saf. Code, § 11352, subd. (a).) The trial court granted her three years' formal probation, with terms and conditions that included confinement in county jail for four months.
In July 2006, the probation officer charged Gutierrez with violating probation by absconding and testing positive for cocaine use. She admitted the violations, and the trial court continued probation with additional terms and conditions.
The trial court later found that Gutierrez committed additional violations of probation by testing positive for cocaine use, failing to enter a residential drug treatment program, and driving with a blood alcohol level in excess of .08 percent. In May 2007, the court revoked probation in each case, and sentenced Gutierrez to four years and eight months' imprisonment. The sentence consisted of a midterm prison sentence of four years in case no. 1210180, and a consecutive term of eight months in case no. 1208499. The court also imposed restitution fines and drug and lab fines. It awarded Gutierrez 356 days' presentence custody credits.
We appointed counsel to represent Gutierrez in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.
On February 13, 2008, we advised Gutierrez that she had 30 days within which to personally submit any contentions or issues that she wished to raise on appeal. We have not received a response.
We have reviewed the entire record and are satisfied that Gutierrez's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: COFFEE, J. PERREN, J.