Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. PA047373
THE COURT:Michelle S. Lane (appellant) appeals following revocation of her Proposition 36 treatment program and placement on formal probation under terms and conditions that included serving 120 days in county jail. Appellant filed a notice of appeal and requested a certificate of probable cause, which was denied.
We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an opening brief containing an acknowledgement that she had been unable to find any arguable issues. On February 2, 2009, we advised appellant that she had 30 days within which to personally submit any contentions or issues that she wished us to consider. On April 27, 2009, this court granted appellate counsel’s motion to strike and refile her opening brief and granted appellant 30 days from the date of its order to submit a supplemental opening brief. No response has been received to date.
The facts surrounding appellant’s offense are not available, since she waived her preliminary hearing. According to the probation report, appellant and a co-perpetrator sold crystal methamphetamine to an undercover officer who placed an internet ad asking where he could buy methamphetamine. On March 19, 2007, the People filed an information charging appellant with sale of a controlled substance and possession for sale of a controlled substance. (Health & Saf. Code, §§ 11379, subd. (a), 11378.) On July 13, 2007, appellant agreed to plead guilty to a violation of Health and Safety Code section 11377, subdivision (a), possession of a controlled substance. The trial court placed appellant on Proposition 36 probation for three years with terms and conditions and dismissed the remaining counts. The plea advisement form, which appellant signed, provided that appellant would face a three-year maximum sentence if her Proposition 36 probation were revoked.
At a Proposition 36 progress hearing on August 13, 2007, the trial court ordered appellant to report to a community assessment service center. Appellant remained on Proposition 36 probation. At a progress hearing on September 10, 2007, the trial court was told that appellant appeared at a community assessment service center while apparently under the influence. She was hysterical and uncooperative.
The trial court scheduled a probation violation hearing for October 22, 2007. Appellant did not appear. She telephoned her attorney and said she had a contagious illness and could not attend court. The trial court ordered termination of the Proposition 36 treatment program and issued a bench warrant. Appellant failed to appear at the scheduled hearing on November 26, 2007, and a bench warrant was again issued.
Appellant appeared in court on January 23, 2008. She waived her rights to a probation revocation hearing and stipulated to a violation of probation. The trial court found her in violation of probation for failure to obey all laws, failure to appear in court, failure to attend counseling, and failure to obey the rules and regulations of the probation department, treatment program, and the court. Appellant was placed on formal probation, and the Proposition 36 probation was terminated. Appellant filed a notice of appeal in which she complained that no order was issued to “Downey Prop. 36” to submit paperwork.
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The orders under review are affirmed.