Opinion
C091530
02-19-2021
THE PEOPLE, Plaintiff and Respondent, v. LEVI RAPHEL KRUGER, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 18CF00631)
On January 12, 2015, defendant Levi Raphel Kruger pled guilty to receiving stolen property in exchange for other charges being dismissed. On February 20, 2015, the court suspended imposition of sentence and granted four years of formal probation to include one year of county jail that could be served in a residential treatment program. The court also imposed a $300 restitution fine, a stayed $300 probation revocation restitution fine, and direct victim restitution of $741.
While on probation, defendant routinely failed to appear for court dates and was found in violation of probation several times for failing to report to or complete various treatment programs, for shoplifting, and for domestic violence. The court modified his probation as a result of these violations: on May 3, 2016, the court required one year to be served in county jail and extended probation to February 19, 2019; on September 25, 2017, the court extended probation to April 6, 2019, and ordered 21 days in county jail; on October 31, 2018, the court extended probation by 42 days and ordered 45 days in county jail; on February 27, 2019, the court extended probation by 63 days to July 20, 2019, and modified probation to include 180 days of county jail time that could be served in treatment; and on August 15, 2019, the court extended probation to five years for a violation occurring on June 26, 2019.
Defendant transferred probation supervision from San Francisco County to Butte County so this order, and all following orders, came from Butte County.
At the August 15, 2019 hearing, defendant waived credit for all days served in custody prior to that date through a Johnson waiver. The court explained to defendant "you are going to waive your right to those credits as of today which means you'd be starting over with zero credits. [¶] Do you understand that?" Defendant responded, "I do" and his attorney joined.
People v. Johnson (1978) 82 Cal.App.3d 183. --------
Defendant admitted another probation violation on September 12, 2019. At sentencing for this violation, the court terminated probation and imposed the middle term of two years in county jail with credit of 201 total days. The court also reimposed the original restitution fines.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history 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 436.) Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief. Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant. Accordingly, we affirm the judgment.
DISPOSITION
The judgment is affirmed.
/s/_________
Robie, J. We concur: /s/_________
Hull, Acting P. J. /s/_________
Murray, J.