Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Marin County Super. Ct. No. SC138958
Siggins, J.
Kenneth Scott Moeller appeals following his unsuccessful challenge to a charged violation of probation. Counsel has briefed no issues and asks for our review of the record of the proceedings. (People v. Wende (1979) 25 Cal.3d 436.) Moeller has not filed a supplemental brief. We have reviewed the record and affirm.
In 2005, Moeller entered a no contest plea to resisting an executive officer following a trial where a jury returned not guilty verdicts on two counts and hung on a third. In accordance with Moeller’s plea agreement, the felony charge was reduced to a misdemeanor, imposition of sentence was suspended, and he was placed on three years’ probation. (People v. West (1970) 3 Cal.3d 595.)
The Marin County Probation Department’s presentence report indicates Moeller’s estranged wife called police and reported that Moeller refused to leave her home. When police officers responded to the home, Moeller told them, “if you fucking come in here, I’ll fucking shoot you.” Moeller eventually surrendered, but was “extremely verbally abusive.”
In 2007, a petition was filed to revoke probation for Moeller’s alleged failure to “lead a law abiding life.” A motorist testified that Moeller slammed his fist on the hood of the motorist’s car, causing a dent, after Moeller was weaving through stop-and-go traffic on his motorcycle. Moeller testified that the driver of the car repeatedly bumped his motorcycle from behind while they were stopped in traffic. Moeller claimed that he feared for his life when he pounded on the hood of the car and rode away. The responding police officer testified that Moeller said that as he was passing the car on his motorcycle, the driver of the car tried to push Moeller into an adjacent lane of traffic, and he hit the hood of the car in self-defense. The court determined Moeller’s version of events was not credible and sustained the petition. The court revoked and reinstated Moeller’s probation, subject to additional conditions that he serve seven days in the county jail that was stayed pending his successful completion of a minimum of 20 anger management classes, and that he pay restitution for the damage to the motorist’s car. The trial court stayed Moeller’s sentence pending appeal, and this court granted him permission to file a late notice of appeal.
Moeller’s notice of appeal filed June 17, 2008, challenges the court’s September 2007 orders that revoked and reinstated his probation with additional conditions. At his own request, Moeller appeared without counsel at a December 2007 status hearing where the superior court granted his motion for stay of execution of sentence pending this appeal.
Moeller was represented by counsel during the probation revocation proceedings, and he received a fair hearing. Substantial evidence supports the court’s finding that Moeller willfully violated probation, and the court did not abuse its discretion when it reinstated probation on modified terms. Appellate counsel advised Moeller of his right to file a supplemental brief in this court within 30 days of the opening brief, but no supplemental brief has been filed. Full review of the record reveals no issue that requires further briefing.
DISPOSITION
The orders are affirmed.
We concur: Pollak, Acting P.J., Jenkins, J.