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People v. Machado

California Court of Appeals, Sixth District
Mar 30, 2011
No. H035274 (Cal. Ct. App. Mar. 30, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JOSEPH LAWRENCE MACHADO, Defendant and Appellant. H035274 California Court of Appeal, Sixth District March 30, 2011

NOT TO BE PUBLISHED

Monterey County Super. Ct. No. SS082662

RUSHING, P.J.

Defendant Joseph Lawrence Machado appeals from an order revoking his probation and sentencing him to state prison. On November 5, 2008, appellant pled guilty to one count of felony unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), and one misdemeanor count of petty theft with a prior. (Pen. Code, § 666.) The court placed defendant on probation for three years on the condition that he abide by certain probation conditions, that he pay a variety fines and fees and that he serve 72 days in county jail. The court awarded defendant credit for time served of 72 days.

On September 18, 2009, the probation department filed a notice of violation of probation alleging that appellant had failed to complete counseling in that he had left the residential treatment program, and had failed to report a change of address. The trial court revoked probation on September 30, 2009, and On January 13, 2010, appellant admitted the probation violation. On February 5, 2010, the trial court sentenced appellant to serve the mitigated term of 16 months in state prison for the felony count and 151 days in county jail for the misdemeanor count. The court awarded credit for time served in county jail of 151 days. Defendant was also ordered to pay a variety of fees and fines. This timely appeal ensued.

On appeal, appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. Thirty days has elapsed and we have received nothing from the defendant. Pursuant to our obligation as set forth in People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record on appeal. We conclude that there are no arguable issues. Therefore, we will affirm the judgment.

Disposition

The judgment is affirmed.

WE CONCUR: PREMO, J., ELIA, J.


Summaries of

People v. Machado

California Court of Appeals, Sixth District
Mar 30, 2011
No. H035274 (Cal. Ct. App. Mar. 30, 2011)
Case details for

People v. Machado

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOSEPH LAWRENCE MACHADO…

Court:California Court of Appeals, Sixth District

Date published: Mar 30, 2011

Citations

No. H035274 (Cal. Ct. App. Mar. 30, 2011)