Opinion
NOT TO BE PUBLISHED
Appeal from a judgment and order of the Superior Court of Los Angeles County, No. NA063493, James D. Otto, Judge.
Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ZELON, J.
Antwan Lacy appeals from the judgment entered following an order revoking his probation and imposing a two-year state prison sentence as a result of his earlier no contest plea to committing robbery.
In November 2004, Lacy was charged by felony complaint with committing second degree robbery (Pen. Code, § 211). Pursuant to a negotiated agreement, Lacy entered a no contest plea as charged. Imposition of sentence was suspended, and Lacy was placed on three years of formal probation, subject to certain terms and conditions, including that he complete a residential treatment program for substance abuse.
In October 2005, the trial court summarily revoked Lacy’s probation and issued a warrant for his arrest after being notified by the probation officer that Lacy was terminated from the residential treatment program for threatening violence. In November 2005, Lacy appeared in court and admitted violating his probation. The court revoked and reinstated his probation on the same terms and conditions.
In September 2007, Lacy was arrested for possessing rock cocaine and the trial court summarily revoked his probation. At a contested hearing on June 18, 2008, Los Angeles County Sheriff’s Deputy Eduardo Mendoza testified while on routine patrol, he stopped Lacy for unlawfully crossing in the middle of the street. In speaking to Mendoza, Lacy kept manipulating something in his mouth. Mendoza used a flashlight to illuminate the inside of Lacy’s mouth. On Lacy’s tongue was an off-white solid substance, resembling rock cocaine. Mendoza told Lacy to spit out the object, but Lacy swallowed it instead. Mendoza arrested Lacy and transported him to the medical ward of the county jail.
Lacy testified he was walking down the street en route to a gas station, when Deputy Mendoza and his partner drove up and demanded Lacy place his hands on the hood of their patrol car. Lacy had several dollars in his hand and told the deputies he intended to buy some cigarettes at the gas station. Lacy denied possessing any drugs at the time and claimed he showed Mendoza he had nothing in his mouth.
After finding Deputy Mendoza’s testimony to be credible over Lacy’s, the trial court found Lacy in violation of probation, declined to reinstate probation, sentenced Lacy to the lower term of two years in state prison and awarded 647 days of presentence credit (431 actual days and 216 days of conduct credit). The court also imposed a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)) and imposed and stayed a parole revocation fine. (Pen. Code, § 1202.45.)
We appointed counsel to represent Lacy on appeal. After examination of the record, counsel filed an “Opening Brief” in which no issues were raised. On December 24, 2008, we advised Lacy he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Lacy’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.) The judgment and order revoking probation and imposing a two-year sentence are affirmed.
We concur: WOODS, ACTING P. J., JACKSON, J.