Opinion
NOT TO BE PUBLISHED
James P. Cloninger, Judge of Ventura County Superior Court Nos. 2004049435, 2005039978
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
PERREN, J.
Ralph Juarez appeals from the judgment entered after he pleaded guilty to possession of heroin (Health & Saf. Code, § 11350, subd. (a)), driving under the influence of alcohol and with a blood alcohol level of 0.08 or more (Veh. Code, § 23152, subds. (a) & (b)), vehicular evasion of a peace officer (Veh. Code, § 2800.1, subd. (a)), and driving on a suspended license (Veh. Code, § 14601.2, subd. (a)). He also admitted violating his probation in a prior case in which he was convicted of petty theft with a prior conviction (Pen. Code, §§ 484, 666) by failing to report to his probation officer, and his probation was revoked. Pursuant to his plea and admission, he was sentenced to two years eight months in state prison, consisting of the midterm of two years on the possession count plus eight months (one-third of the midterm) on the petty theft with a prior conviction giving rise to his probation violation. Concurrent sentences were imposed on the remaining counts. The parties stipulated that Juarez had served his sentence in county jail, and the court accordingly ordered him released from custody pursuant to Penal Code section 1170, subdivision (a)(3).
Because Juarez pleaded guilty and admitted the probation violation, the facts are derived from the probation officer's report. On August 15, 2005, Juarez pleaded guilty to petty theft with a prior conviction and admitted a prior prison term pursuant to Penal Code section 667.5, subdivision (b). Imposition of sentence was suspended and he was placed on three years formal probation, including conditions that he serve 273 days in county jail and refrain from using drugs. On August 25, 2005, probation was modified and Juarez was ordered to enter a residential drug treatment program by September 14, 2005. Juarez tested positive for opiates on August 30, 2005, and thereafter failed to report to his probation officer. A warrant for his arrest was issued on September 16, 2005, and he failed to appear for a court hearing on September 29.
On November 10, 2005, the Ventura County Sheriff's Department received reports of a drunk driver at the Rose Shopping Center in Oxnard. Based on descriptions of the vehicle, the responding officers located Juarez while he was driving in the parking lot, began following him, and activated their emergency lights and siren. Juarez exited out of the parking lot onto Gonzales Road and led the officers on a pursuit through residential neighborhoods. He drove through three stop signs without stopping, then pulled into his mother's driveway on Amelia Street. After he was apprehended, he exhibited signs of intoxication and failed a field sobriety test. It was also discovered that he had an outstanding warrant and that his driver's license had been suspended. A blood test subsequently revealed a blood alcohol level of 0.09 percent. During a booking search, a baggie containing 1.99 grams of heroin was found in his navel and pharmaceutical drugs for which he did not have a prescription fell out of his pants pocket.
We appointed counsel to represent Juarez on this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On April 10, 2007, we advised Juarez that he had 30 days within which to personally submit any contentions or issues he wished us to consider. We received no response.
We have examined the entire record and are satisfied that Juarez's attorney has fully complied with his responsibilities of counsel and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur:
YEGAN, Acting P.J., COFFEE, J.