People v. Hart

Full title: THE PEOPLE, Plaintiff and Respondent, v. DEAN WILLIAM HART, Defendant and…

Court: California Court of Appeals, First District, Fourth Division

Date published: Dec 31, 2009

No. A125899 (Cal. Ct. App. Dec. 31, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. DEAN WILLIAM HART, Defendant and Appellant. A125899 California Court of Appeal, First District, Fourth Division December 31, 2009

NOT TO BE PUBLISHED

Lake County Super. Ct. No. CR907486

RIVERA, J.

Dean William Hart appeals from a judgment imposed after revocation of his probation. His counsel raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was apprised of his right to file a supplemental brief but did not do so.

On March 12, 2007, defendant waived his right to a jury trial and pled guilty to second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and driving while under the influence of alcohol (Veh. Code, § 23152, subd. (b)). The charges stemmed from defendant’s theft of beer from a convenience store and his subsequent get-away. On June 25, 2007, the court suspended imposition of sentence and placed defendant on probation for a period of three years.

On November 7, 2007, the People filed a report alleging that defendant violated probation by failing to disclose his place of residence and failing to complete a jail commitment. On February 4, 2008, defendant admitted violating probation. On April 7, 2008, the court reinstated defendant on probation on conditions including that he serve 365 days in the county jail or in an approved residential treatment program. On August 25, 2008, the court approved defendant’s placement in the Hilltop Recovery Services program.

On February 20, 2009, the People filed a report indicating that defendant violated probation by failing to submit written reports to his probation officer and failing to participate in a residential treatment program. The People filed an amended report on March 4, 2009, reflecting that defendant was arrested for being intoxicated in public (Pen. Code, § 647, subd. (f)).

On March 16, 2009, defendant admitted that he violated probation. On August 10, 2009, the court sentenced defendant to 16 months in state prison. The court granted defendant credits of 452 days.

Defendant was represented by counsel throughout the proceedings. There was no error in the sentencing. This court has reviewed the entire record and there are no meritorious issues to be argued.

DISPOSITION

The judgment is affirmed.

We concur: REARDON, Acting P.J., SEPULVEDA, J.