Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Tulare County. Ronn Couillard, Judge, Super. Ct. No. VCF142473
Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Harris, Acting P.J., Levy, J., and Cornell, J.
On March 14, 2005, Deputy V. Buck and Parole Agent Dave Macilvaine conducted a parole search of appellant, John Stevens Jacques, at Jacques’s cabin in Springville. A search of appellant’s person uncovered a glass pipe with burn marks on the bottom and a piece of plastic containing .1 grams of methamphetamine taped to its side. Jacques was under the influence of methamphetamine.
On March 15, 2005, the district attorney filed a complaint charging Jacques with possession of methamphetamine (count 1/Health & Saf. Code, § 11377, subd. (a)), being under the influence of methamphetamine (count 2/Health & Saf. Code, 11550, subd. (a)), and possession of drug paraphernalia (count 3/Health & Saf. Code § 11364). Count 1 also alleged two prior prison term enhancements (Pen. Code, § 667, subd. (b)).
On March 29, 2005, Jacques pled no contest to the three offenses and admitted the prior prison term enhancements.
On June 21, 2005, the court placed him on Proposition 36 probation (Pen. Code, § 1210.1).
On August 31, 2005, Jacques’s probation officer filed an affidavit alleging Jacques violated his probation by missing a drug test.
On September 23, 2005, the court dismissed the allegations.
On November 29, 2005, Jacques’s probation officer filed an affidavit alleging Jacques violated his probation by missing two drug tests and testing positive for methamphetamine on November 13, 2005.
On December 16, 2005, Jacques admitted violating his probation and the court reinstated probation.
On June 16 2006, Jacques’s probation officer filed an affidavit alleging Jacques failed to successfully complete the Prevention Services Program and tested positive for methamphetamine on various occasions.
On June 21, 2006, Jacques admitted violating his probation and the court reinstated probation.
On August 10, 2006, Jacques’s probation officer filed an affidavit alleging Jacques violated his probation by failing to enroll in a drug program, testing positive for methamphetamine and failing to take a drug test.
On October 2, 2006, the court terminated Jacques Proposition 36 probation after Jacques admitted violating his probation.
On February 9, 2007, the court sentenced Jacques to the middle term of two years, imposed no time on Jacques’s misdemeanor convictions in counts 2 and 3, and struck the two prior prison term enhancements.
Jacques’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Jacques has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.