Opinion
NOT TO BE PUBLISHED
APPEAL from a postjudgment order of the Superior Court of Los Angeles County No. PA055153 Ronald S. Coen, Judge.
Jeffrey Scott Yanuck, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
WOODS, J.
Defendant Wilman Manfredo Lopez appeals from the postjudgment order revoking probation and executing a previously stayed two-year state prison sentence.
On September 28, 2006, defendant entered a negotiated plea of guilty to one count of failing to disclose an origin of a recording work and audiovisual work in violation of Penal Code section 653w, subdivision (a), with a prior conviction for the same offense (§ 653w, subd. (b)). The trial court sentenced defendant to two years in state prison, stayed execution of sentence and placed defendant on three years formal probation. Among defendant’s conditions of probation were that he serve 365 days in county jail, and if he leaves the country, he should not reenter illegally, if he did return, he must report to his probation officer within 24 hours and present documentation that he entered the country legally.
Statutory references are to the Penal Code.
On August 31, 2007, defendant’s probation was summarily revoked and a bench warrant was issued after he failed to appear for a probation violation hearing.
On October 19, 2007, defendant appeared in court with counsel and the bench warrant was recalled. The trial court ordered a supplemental probation report and scheduled a probation violation hearing.
On November 28, 2007, the prosecutor was not prepared to proceed on the probation violation. The court reinstated defendant on probation subject to modified terms and conditions, among them, that he report to his probation officer within 24 hours of his release from custody and telephonically within 24 hours of his deportation. Defendant understood and accepted these conditions.
On March 17, 2010, defendant told his probation officer that he was deported shortly after November 28, 2007, and he returned to the United States on March 7, 2010. Since that time, defendant had been residing with his girlfriend in Los Angeles and working construction. The probation officer reported that defendant had never reported to him and failed to report within 24 hours of his deportation and recommended the trial court order executed the previously stayed state prison sentence.
At the contested probation violation hearing on April 13, 2010, probation officer Elena Hernandez testified defendant had never reported to the probation department after being placed on probation, and he never notified the probation department by telephone that he had been deported. At the conclusion of the hearing, the trial court found defendant had violated probation by failing to report. The court revoked and declined to reinstate probation, and ordered executed the previously imposed and stayed two-year state prison sentence. The court awarded defendant 517 days of presentence credit (441 actual days and 76 days of conduct credit). The trial court also imposed a $20 court security fee and a $200 restitution fine (§ 1202.4, subd. (b)). A parole revocation fine was imposed and suspended pursuant to section 1202.45.
Defendant timely filed a notice of appeal challenging the revocation of his probation and execution of his previously stayed sentence. We appointed counsel to represent defendant on appeal.
After examination of the record counsel filed an opening brief in which no issues were raised. On December 13, 2010, we advised defendant 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 defendant’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 postjudgment order revoking probation is affirmed.
We concur: PERLUSS, P. J. ZELON, J.