Opinion
NOT TO BE PUBLISHED
Super. Ct. Nos. 06F11202, 08F0128.
NICHOLSON, J.
In case No. 06F11202, defendant Shane Christopher Howell pled guilty on April 17, 2007, to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted two prior prison terms (Pen. Code, § 667.5, subd. (b)). On April 25, 2007, the trial court granted defendant probation and referred him to the Proposition 36 program.
On May 31, 2007, defendant admitted a probation violation; probation was revoked and reinstated.
On January 7, 2008, in case No. 08F0128, a complaint was filed alleging two drug felonies (Health & Saf. Code, §§ 11377, subd. (a) [count 1], 11379, subd. (a) [count 2]), along with multiple enhancement allegations.
On February 14, 2008, defendant admitted two probation violations (filed on Aug. 10, 2007, and Jan. 7, 2008) in case No. 06F11202. On the same date, in case No. 08F0128, defendant pled guilty to count 2 (Health & Saf. Code, § 11379, subd. (a)) and admitted a prior prison term enhancement allegation that was also charged as a prior drug conviction (Health & Saf. Code, § 11370.2, subd. (c)).
On March 18, 2008, in case No. 06F11202, probation was revoked and reinstated and defendant was re-referred to the Proposition 36 program. On the same date, in case No. 08F0128, defendant was granted probation and referred to the Proposition 36 program.
According to the probation report, defendant violated probation on this occasion by using methamphetamine at two different times.
On November 7, 2008, a petition for revocation of probation was filed as to both cases. On December 12, 2008, defendant admitted the violation and was discontinued from the Proposition 36 program.
On April 17, 2009, the trial court sentenced defendant in both cases to an aggregate state prison term of 10 years eight month. In case No. 08F0128, the court imposed the upper term of four years, plus three years for the prior drug conviction and one year for the prior prison term. In case No. 06F11202, the court imposed a consecutive term of eight months (one-third the midterm), plus two years for two prior prison term enhancements. The court also imposed $200 restitution fines and a $162.50 lab analysis fee.
Defendant filed timely notices of appeal in both cases.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 346.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: SCOTLAND, P. J., RAYE, J.