Opinion
A103133.
11-13-2003
THE PEOPLE, Plaintiff and Respondent, v. DAVID DOUGLAS HEROLD, Defendant and Appellant.
David Herold appeals from the revocation of his probation and his commitment to state prison. Appellants court appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
In February 2002, the court sentenced appellant to the aggravated term of three years in state prison for driving with a blood alcohol level of .08 percent or above which resulted in injury (Veh. Code, § 23153, subd. (b)). The court stayed execution of sentence for a period of five years. Among the terms and conditions of appellants probation, the court ordered appellant not to consume alcoholic beverages.
In May 2003, the probation department moved to revoke appellants probation based on the allegation that appellant appeared at the probation department after consuming alcoholic beverages.
Appellant admitted violating the terms of his probation as alleged.
The court imposed appellants previously stayed three-year prison term for driving with a blood alcohol level of .08 or above which resulted in injury (§ 23153, subd. (b)). The court ordered appellant to pay a $600 restitution fine and granted him 260 days total presentence credit.
Appellants probation revocation hearing comported with the due process requirements of People v. Vickers (1972) 8 Cal.3d 451.
Appellant was represented by counsel throughout the proceedings.
There was no sentencing error.
There are no legal issues that require further briefing.
The order permanently revoking appellants probation is affirmed.
We concur: Haerle, Acting P. J. and Ruvolo, J. --------------- Notes: All statutory references are to the Vehicle Code.