Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from the Superior Court of San Bernardino County No. FSB52035. Michael M. Dest, Judge.
Laura L. Furness, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Ramirez P.J.
STATEMENT OF THE CASE
On September 15, 2005, the San Bernardino County District Attorney filed a felony complaint charging the defendant with possession of a controlled substance (count 1; Health & Saf. Code, § 11350, subd. (a)) and three prison prior convictions (Health & Saf. Code, § 11352; Pen. Code, § 667.6, subd. (b)).
On September 23, 2005, pursuant to Penal Code section 859a, defendant pled guilty to possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)) and admitted a special allegation filed pursuant to Penal Code section 667.5(b) in exchange for probation pursuant to Proposition 36 and dismissal of two misdemeanor cases. Following the grant of probation, defendant’s probation was revoked and reinstated a number of times and he was ordered to a variety of drug treatment programs including Salvation Army, Pride, and In-Roads.
On March 2, 2007, defendant was in custody on a new case. On April 9, 2007, the court held a Vickers hearing. The court found by a preponderance of evidence that defendant violated the terms of his probation.
People v. Vickers (1972) 8 Cal.3d 451.
On May 11, 2007, the court sentenced defendant to four years in state prison and the defendant was awarded the appropriate custody credits and case No. FSB0700368 was dismissed on motion of the district attorney and in the interests of justice pursuant to Penal Code section 1385.
On June 15, 2007, defendant filed a notice of appeal.
STATEMENT OF FACTS
Defendant was observed leaving an apartment complex by a police officer who believed defendant might be involved in narcotics sales. The officer chased defendant and ordered him to lay on the ground. Defendant ran away. In an attempt to stop and arrest defendant, the officer hit defendant multiple times with an asp. Defendant was arrested after being struck several times.
The court found defendant violated his parole by a preponderance of the evidence when he obstructed or resisted an officer. (Pen. Code, § 69.)
DISCUSSION
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: King J., Miller J.